in the Matter of Claud L. McIver, III

303 Ga. 802

• Court: Supreme Court of Georgia
• Decided: June 4, 2018
• Docket: S18Y1161
• Status: Published

Opinion

303 Ga. 802 FINAL COPY

S18Y1161. IN THE MATTER OF CLAUD L. MCIVER III.

PER CURIAM.

This disciplinary matter is before the Court on a petition filed by Claud

L. McIver III (Bar No. 494125) seeking the voluntary suspension of his license

to practice law pending the outcome of an appeal of his criminal convictions.

See Bar Rule 4-227 (b) (2). Because we agree that such a suspension is

appropriate, we accept McIver’s petition.

On April 23, 2018, following a jury trial, McIver, who has been a

member of the State Bar of Georgia since 1973, was found guilty in the

Superior Court of Fulton County of felony murder, aggravated assault,

possession of a firearm during the commission of a crime, and influencing a

witness. It is a violation of the Georgia Rules of Professional Conduct for a

lawyer to be convicted of a felony; the maximum penalty for such a violation

is disbarment. See Bar Rule 4-102 (d); Georgia Rule of Professional Conduct

8.4 (a) (2). McIver was sentenced to life in prison on May 23, 2018, and has filed a motion for new trial. McIver states that he intends to file a notice of

appeal if the motion for new trial is denied, and he agrees to notify the State

Bar’s Office of General Counsel regarding the outcome of his appeal within

ten days of the final appellate court order. See Bar Rule 4-106 (f). The State

Bar responds that it has no objection to McIver=s petition.

Based on our review of the record, we agree that the petition should be

accepted. Accordingly, McIver hereby is suspended from the practice of law

in this State until further order of this Court. He is directed to notify the State

Bar of the final disposition of his direct appeal within ten days of that

disposition and is reminded of his duties under Bar Rule 4-219 (c).

Petition for voluntary discipline accepted. Suspended until further order

of this Court. All the Justices concur, except Peterson, J., not participating. Decided June 4, 2018.

Suspension.

Garland, Samuel & Loeb, Donald F. Samuel, for McIver.

Paula J. Frederick, General Counsel State Bar, Jenny K. Mittelman,

Assistant General Counsel State Bar, for State Bar of Georgia.