In re Robbins

757 S.E.2d 54, 295 Ga. 64
CourtSupreme Court of Georgia
DecidedMarch 28, 2014
DocketS12Z0998
StatusPublished
Cited by2 cases

This text of 757 S.E.2d 54 (In re Robbins) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Robbins, 757 S.E.2d 54, 295 Ga. 64 (Ga. 2014).

Opinion

Per curiam.

This is a petition for readmission as a member of the bar of this state. William Norman Robbins was admitted to the Bar in 1978. He was disbarred by this Court in 2003 for admittedly paying a “runner” to refer clients to his office, in violation of Standard 13 of Bar Rule 4-102 (d). In re Robbins, 276 Ga. 124 (575 SE2d 501) (2003). As aggravating circumstances, this Court took into account prior disciplinary offenses resulting in four previous reprimands.1 Id. at 125. [65]*65We also noted that Robbins made false statements during the disciplinary process and refused to acknowledge his conduct was wrongful. Id.

More than five years after the date of disbarment, Robbins filed his application for certification of fitness for readmission. On December 10, 2009, the Board to Determine Fitness of Bar Applicants conducted an informal conference for the purpose of considering Robbins’s application. At that conference, with respect to recognition of wrongdoing, Robbins was equivocal as to whether he knew, at the time he paid the runner a fee, that such payment was improper. He did, however, acknowledge that this conduct was the result of bad judgment for which he took responsibility and was sorry for it. With respect to rehabilitation, Robbins presented evidence that since his disbarment he had become more active in his temple, he had become involved in community service by joining the Kiwanis Club, and had become a patient volunteer with the Guillain-Barre Foundation after contracting the disease himself. He declared he was now a different person, and if readmitted he planned to become involved with volunteer lawyering and in community activities with other lawyers. He also testified that he had offered to assist the State Bar in educating the public and the bar about illegal lawyer fee-splitting.

After he was notified that his petition had been tentatively denied, Robbins requested a formal hearing. The Board provided Robbins with a list of specifications setting forth the grounds on which the Board had tentatively denied his application and notifying him that unless he satisfactorily refuted these specifications at the hearing, the Board would deny his application. The list of specific allegations of misconduct concluded with the statement that the enumerated actions “constitute a pattern of conduct that demonstrates a lack of judgment, candor, integrity, character, professionalism, rehabilitation from prior unethical acts and the requisite moral fitness required of a prospective member of the State Bar of Georgia.” The case was heard by hearing officer Hezekiah Sistrunk, Jr., on November 17, 2010. After more than a year had passed without a recommendation from the hearing officer, Robbins filed a motion to appoint a replacement officer, and this Court denied the motion but entered an order requiring the officer to enter his report within ten days or suffer sanctions to be entered by the Court. Three days later, on December 15, 2011, the hearing officer filed a 14-page report recommending against certification of fitness. By letter dated January 26, 2012, Robbins was notified that the Board had entered a final order denying the application, after consideration of the hearing officer’s findings of fact, conclusions of law, and recommendations. Robbins filed this appeal.

[66]*661. In his first enumeration of error, Robbins asserts the deference normally accorded to the Board’s decision is not required in this case for three reasons. First, Robbins asserts that the hearing officer’s delay in issuing recommendations and the fact they were issued only after this Court’s order directing him to do so creates the appearance of personal motive on the part of the hearing officer to recommend against certification, for to have reached any other recommendation after the delay would have been personally embarrassing to the officer. Robbins presents no evidence of bias or even argument to support such a conclusion other than speculation about human nature. The recommendation submitted by the hearing officer contained comprehensive findings of fact and conclusions of law supported by references to the hearing transcript and other evidence. It was well-reasoned and the recommendation was supported by the evidence.

Second, Robbins asserts that as a result of the delay, the record is no longer reflective of his current moral and ethical fitness for admission, which is what the Board to Determine Fitness of Bar Applicants is charged with determining. Robbins has failed to demonstrate any prejudice as a result of the delay.2

Finally, we reject Robbins’s assertion that the Board’s decision did not comply with Part A, Section 8 (d), of the above-noted Rules, stating that the applicant must be notified of the Board’s determination not to certify in writing, “giving its reasons for its decision.” This requirement was fulfilled by the notification letter sent to Robbins which expressly referenced the Findings of Fact, Conclusions of Law, and Recommendation of the hearing officer and stated that the decision was made after reviewing the record and transcript of the hearing. Contrary to Robbins’s argument, the form of the Board’s written decision does not leave this Court without a record to review in making its decision to accept or reject the Board’s decision. In arriving at its decision, this Court has reviewed the transcript of the informal conference, the transcript of the formal hearing, the Findings of Fact, Conclusions of Law, and Recommendation of the hearing officer, the Board’s notification of decision letter, the Board’s sealed investigative file, and all other records relating to the application for character and fitness certification that Robbins filed to support his appeal. The form of the decision letter in this case has not prejudiced Robbins’s right to appellate review.

[67]*672. In cases in which past conduct requires a showing of rehabilitation in order to prove character and fitness for admission to the Bar, the applicant is required by the Board to produce evidence of, among other things, the taking of responsibility for past conduct, insight and appreciation for why the conduct raises fitness concerns, candor with the Board, good reputation and assurances of a desire and intention to conduct one’s self in an exemplary fashion in the future, and positive action demonstrating rehabilitation by things such as occupation, religion, or community or civic service.3 In such cases, the applicant’s burden is to prove rehabilitation and fitness to be readmitted to the practice of law by clear and convincing evidence. See In re Spence, 275 Ga. 202 (563 SE2d 129) (2002). Robbins’s remaining enumerations of error challenge the substance of the hearing officer’s findings and conclusions and the Board’s decision regarding Robbins’s failure to meet the burden of clear and convincing evidence of his rehabilitation.

At the formal hearing, with respect to recognition of wrongdoing, Robbins gave evasive responses to questions about his conduct that had resulted in the disciplinary actions filed against him prior to the disbarment proceedings, which are set forth in footnote 1, supra. At first, he indicated he did not remember receiving the 1985 letters of admonition and that he did not review them prior to the hearing, even though they were cited in the specifications he received prior to the hearing.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Matter of David Roberson
888 S.E.2d 567 (Supreme Court of Georgia, 2023)
in the Matter of William Norman Robbins
Supreme Court of Georgia, 2014

Cite This Page — Counsel Stack

Bluebook (online)
757 S.E.2d 54, 295 Ga. 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-robbins-ga-2014.