In Re Wilkes

Supreme Court of Georgia

In Re Wilkes

704 S.E.2d 791, 288 Ga. 456, 2011 Fulton County D. Rep. 41, 2011 Ga. LEXIS 16

CourtSupreme Court of Georgia

DecidedJanuary 10, 2011

DocketS10Y1717

StatusPublished

Cited by1 cases

This text of 704 S.E.2d 791 (In Re Wilkes) 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 Wilkes, 704 S.E.2d 791, 288 Ga. 456, 2011 Fulton County D. Rep. 41, 2011 Ga. LEXIS 16 (Ga. 2011).

Pincite

Opinions

PER CURIAM.

This disciplinary matter is before the Court pursuant to a Notice of Discipline filed by the State Bar alleging that Respondent Karen Suzanne Wilkes (State Bar No. 759437), who has been a member of the Bar since 1990, violated Rules 1.4 and 1.16 of the Rules of Professional Conduct, see Bar Rule 4-102 (d). Wilkes was personally served with the Notice of Discipline, but did not file a rejection and accordingly, she is in default, has no right to an evidentiary hearing, and is subject to such discipline as may be determined by this Court, see Bar Rule 4-208.1 (b), although the maximum sanction for a single violation of either Rule is a public reprimand.

According to the Notice of Discipline, the Georgia Public Defenders Standards Council (“GPDSC”) appointed Wilkes in October 2005 to represent a client regarding his Motion for New Trial following his criminal conviction. Although Wilkes investigated and prepared for the matter and moved for a continuance of the hearing on the motion, she returned the file to the GPDSC in March 2006 and never informed the court or the client that she no longer represented him. In August 2006, the court denied the client’s Motion for New Trial and mailed a copy of the order to Wilkes, but Wilkes never informed the client about the order.

[457]*457Decided January 10, 2011. Paula J. Frederick, General Counsel State Bar, Kellyn O. McGee, Assistant General Counsel State Bar, for State Bar of Georgia.

Based on those facts, we hold that Wilkes violated Rules 1.4 and 1.16. We find no factors in mitigation of discipline but note in aggravation that Wilkes has a prior disciplinary history (having received an Investigative Panel reprimand in 2006). Accordingly, we grant the State Bar’s request and hereby order that Wilkes receive a Review Panel reprimand pursuant to Bar Rules 4-102 (b) (4) and 4-220 as the appropriate disciplinary sanction for her conduct.

Review Panel reprimand.

All the Justices concur, except Melton and Nahmias, JJ., who dissent.

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

PER CURIAM.

This disciplinary matter is before the Court pursuant to a Notice of Discipline filed by the State Bar alleging that Respondent Karen Suzanne Wilkes (State Bar No. 759437), who has been a member of the Bar since 1990, violated Rules 1.4 and 1.16 of the Rules of Professional Conduct, see Bar Rule 4-102 (d). Wilkes was personally served with the Notice of Discipline, but did not file a rejection and accordingly, she is in default, has no right to an evidentiary hearing, and is subject to such discipline as may be determined by this Court, see Bar Rule 4-208.1 (b), although the maximum sanction for a single violation of either Rule is a public reprimand.

According to the Notice of Discipline, the Georgia Public Defenders Standards Council (“GPDSC”) appointed Wilkes in October 2005 to represent a client regarding his Motion for New Trial following his criminal conviction. Although Wilkes investigated and prepared for the matter and moved for a continuance of the hearing on the motion, she returned the file to the GPDSC in March 2006 and never informed the court or the client that she no longer represented him. In August 2006, the court denied the client’s Motion for New Trial and mailed a copy of the order to Wilkes, but Wilkes never informed the client about the order.

[457]*457Decided January 10, 2011. Paula J. Frederick, General Counsel State Bar, Kellyn O. McGee, Assistant General Counsel State Bar, for State Bar of Georgia.

Based on those facts, we hold that Wilkes violated Rules 1.4 and 1.16. We find no factors in mitigation of discipline but note in aggravation that Wilkes has a prior disciplinary history (having received an Investigative Panel reprimand in 2006). Accordingly, we grant the State Bar’s request and hereby order that Wilkes receive a Review Panel reprimand pursuant to Bar Rules 4-102 (b) (4) and 4-220 as the appropriate disciplinary sanction for her conduct.

Review Panel reprimand.

All the Justices concur, except Melton and Nahmias, JJ., who dissent.

Cite This Page — Counsel Stack

Bluebook (online)

704 S.E.2d 791, 288 Ga. 456, 2011 Fulton County D. Rep. 41, 2011 Ga. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wilkes-ga-2011.

Opinions

Related

Cite This Page — Counsel Stack