In the Matter of Barry Wayne Rorex

841 S.E.2d 662, 308 Ga. 488

• Court: Supreme Court of Georgia
• Decided: April 6, 2020
• Docket: S20Y0814
• Status: Published

Opinion

308 Ga. 488 FINAL COPY

S20Y0814. IN THE MATTER OF BARRY WAYNE ROREX.

PER CURIAM.

This disciplinary matter is before the Court on the State

Disciplinary Review Board’s report and recommendation

recommending that the license of Respondent Barry Wayne Rorex

(State Bar No. 615160) be suspended for six months based on a

similar suspension in Arizona. We agree.

The record shows that disciplinary proceedings were initiated

in Arizona against Rorex and that, after he failed to respond, he was

found to be in default.1 The facts, which were deemed to have been

admitted, were that in 2014 and 2015, Rorex violated various

disciplinary rules by abandoning the legal matters of three separate

clients, failing to adequately communicate with those clients, failing

to return the clients’ files or unearned fees, and failing to respond to

1 Rorex was later allowed to present some evidence in mitigation of discipline, which the Arizona Bar indicated it considered in reaching its decision as to the proper level of discipline. the Arizona Bar. On June 21, 2017, the Supreme Court of Arizona

ordered that Rorex be suspended for six months and one day

(retroactive to February 24, 2017) with conditions on

reinstatement.2

In July 2019, the State Bar of Georgia issued a Notice of

Reciprocal Discipline pursuant to Rule 9.4 (b) (2) and mailed it to

Rorex at his official address of record, but he did not acknowledge

service or file a response. After an unsuccessful effort at personal

service, the State Bar served Rorex by publication in accordance

with Bar Rule 4-203.1 (b) (3) (ii). Rorex, who has been a member of

the Georgia Bar since 1997, has not responded or filed any objection

to this reciprocal proceeding.

After considering the record, the Review Board noted that

Rorex had not yet been reinstated in Arizona, and that, under Bar

Rule 9.4 (b) (3), it was required to recommend substantially similar

discipline unless it found from the face of the record that certain

2 The conditions imposed on Rorex’s reinstatement were the payment of

restitution to his three former clients and payment of costs and expenses associated with the Arizona Bar’s prosecution of the disciplinary matter. elements existed that would give it the discretion to make such other

recommendation as it deemed appropriate. The Review Board found

that Rorex had been provided with sufficient notice and opportunity

to be heard regarding the disciplinary proceedings both here and in

Arizona; that the underlying conduct would be a violation of

disciplinary rules in Georgia; that the conduct would be subject to

similar discipline in this State; and that none of the elements set

forth in Bar Rule 9.4 (b) (3) were present. Therefore, the Review

Board recommended that Rorex be suspended from the practice of

law in Georgia for six months from the date of the Supreme Court’s

order, with his reinstatement conditioned on his reinstatement to

practice law in Arizona after the payment of restitution and costs as

described in the Arizona disciplinary order dated June 21, 2017.

Having reviewed the record, we agree with the State

Disciplinary Review Board as to the appropriate sanction in this

reciprocal discipline matter. Accordingly, it is hereby ordered that

Barry Wayne Rorex be suspended from the practice of law in this

State for a period of six months from the date of this opinion with his reinstatement conditioned on proof of reinstatement in Arizona

after the payment of restitution and costs as described in the

Arizona disciplinary order dated June 21, 2017. If Rorex wishes to

seek reinstatement, he must offer proof to the State Bar’s Office of

General Counsel that he has been reinstated to the practice of law

in Arizona and that he has made restitution and paid costs as

ordered by the Supreme Court of Arizona. If the State Bar agrees

that this condition has been met, the State Bar will submit a notice

of compliance to this Court, and this Court will issue an order

granting or denying reinstatement. We remind Rorex of his duties

pursuant to Bar Rule 4-219 (b).

Six-month suspension with conditions on reinstatement. Melton, C. J., Nahmias, P. J., and Blackwell, Boggs, Peterson, Warren, Bethel, and Ellington, JJ., concur.

DECIDED APRIL 6, 2020. Suspension. Paula J. Frederick, General Counsel State Bar, William D. NeSmith III, Deputy General Counsel State Bar, Jenny K. Mittelman, Adrienne D. Nash, Assistant General Counsel State Bar, for State Bar of Georgia.