In the Matter of David Carleton Head

908 S.E.2d 628, 320 Ga. 316

• Court: Supreme Court of Georgia
• Decided: November 5, 2024
• Docket: S24Y1274
• Status: Published

Opinion

320 Ga. 316 FINAL COPY

S24Y1274. IN THE MATTER OF DAVID CARLETON HEAD.

PER CURIAM.

This disciplinary matter is before the Court on the report and

recommendation of Special Master LaVonda Rochelle DeWitt, which

was issued after a show cause hearing pursuant to Rule 4-106 of the

Georgia Rules of Professional Conduct (the “Rules”). The Special

Master recommends that David Carleton Head (State Bar No.

341467), a member of the State Bar of Georgia since 1990, be

disbarred based upon his conviction for misdemeanor theft by

conversion where his victim was his client. The Special Master’s

recommendation is based on her finding that Head violated Rule 8.4

(a) (3)1 found in Bar Rule 4-102 (d). The maximum penalty for

violating Rule 8.4 (a) (3) is disbarment. Neither Head nor the State

Bar filed exceptions to the Special Master’s report and

1 Rule 8.4 (a) (3) provides that it shall be a violation of the Rules for a

lawyer to “be convicted of a misdemeanor involving moral turpitude where the underlying conduct relates to the lawyer’s fitness to practice law.” recommendation. Having now undertaken our own review of the

record, we agree that disbarment is appropriate.

In her report, the Special Master laid out the underlying facts

as follows. On May 25, 2022, Head was convicted of one count of theft

by conversion in violation of OCGA § 16-8-4, a misdemeanor. Head’s

victim was his client who is elderly and in poor health. Head was

sentenced to 12 months of probation. The accusation to which Head

pleaded guilty states that he converted title to an ambulance owned

by his client.

The Special Master noted that a lawyer violates Rule 8.4 (a) (3)

when convicted of a misdemeanor involving moral turpitude where

the underlying conduct relates to the lawyer’s fitness to practice law.

The Special Master further stated that moral turpitude is defined as

including everything done contrary to justice, honesty, modesty, or

good morals. See Carruth v. Brown, 202 Ga. App. 656, 658 (415 SE2d

470) (1992) (misdemeanor bad check conviction involved moral

turpitude); In the Matter of Butler, 255 Ga. 41, 41-42 (335 SE2d 296)

(1985) (“Theft by conversion by an attorney acting in a fiduciary

2 capacity is a felony . . . and involves moral turpitude.”). The Special

Master then found that Head violated Rule 8.4 (a) (3) by virtue of

his criminal conviction.

The Special Master then looked to the American Bar

Association’s Standards for Imposing Lawyer Sanctions (“ABA

Standards”) for guidance in determining the appropriate sanction to

impose in this case. See In the Matter of Morse, 266 Ga. 652, 653

(470 SE2d 232) (1996). The ABA Standards state that the following

should be considered when imposing a sanction after a finding of

lawyer misconduct: the duty violated; the lawyer’s mental state; and

the potential or actual injury caused by the lawyer’s misconduct.

ABA Standard 3.0. The Special Master found that Head violated the

duty to maintain professional honesty and integrity, see ABA

Standard 5.11, and also violated his duties to this client, see ABA

Standard 4.11. The Special Master found that Head acted

intentionally and that he caused injury to his client and to the

public’s perception of the legal profession and system. Further, the

Special Master stated that the ABA Standards specify, absent

3 aggravating and mitigating factors, that the generally appropriate

penalty when a lawyer engages in intentional conduct involving

dishonesty, fraud, deceit, or misrepresentation which seriously

adversely reflects on his fitness to practice is disbarment. ABA

Standard 5.11 (b).

Next, the Special Master found that there are several

aggravating circumstances present in this matter: (1) prior

disciplinary offenses, since Head received two investigative panel

reprimands and a letter of admonition, ABA Standard 9.22 (a); (2)

dishonest or selfish motive, since Head sought to enrich himself at

his client’s expense, ABA Standard 9.22 (b); (3) vulnerability of the

victim, ABA Standard 9.22 (h); (4) substantial experience in the

practice of law, ABA Standard 9.22 (i); and (5) illegal conduct, ABA

Standard 9.22 (k). The Special Master found that there are no

mitigating circumstances present here. Accordingly, the Special

Master recommended that Head be disbarred.

Considering the record as a whole, we agree with the Special

Master that Head violated Rule 8.4 (a) (3). Head’s underlying

4 conduct relates to his fitness to practice law, as he converted his

client’s property. Further, the circumstances as cited by the Special

Master – that Head, who has substantial experience practicing law,

intentionally converted his vulnerable client’s property to enrich

himself — warrant the Special Master’s determination that Head’s

crime in this instance was dishonest, a breach of trust, and contrary

to his duty to his client, i.e., one involving moral turpitude. See In re

Jones, 293 Ga. 264, 265-266 (1) (744 SE2d 6) (2013) (concluding that

misdemeanor convictions for smuggling contraband into jail

involved crimes of moral turpitude in part because the acts

necessarily involved an element of deceit and dishonesty and were

in breach of the “public trust that inheres in the office of attorney”).

This Court concludes that the appropriate sanction in this matter is

disbarment. See In the Matter of Childers, 297 Ga. 788, 788-789 (778

SE2d 216) (2015) (disbarring attorney for violating Rule 8.4 (a) (3)

following the entry of his guilty plea to one count of theft by receiving

stolen property, a misdemeanor); In the Matter of Porges-Dodson,

280 Ga. 433, 433-434 (627 SE2d 545) (2006) (disbarring attorney for

5 violating Rule 8.4 (a) (3) where lawyer pleaded guilty to a

misdemeanor count of unlawful conversion of government property,

a Social Security check for $425; there were no mitigating factors

but lawyer’s disciplinary history was in aggravation). It is hereby

ordered that the name of David Carleton Head be removed from the

rolls of persons authorized to practice law in the State of Georgia.

Head is reminded of his duties under Rule 4-219 (b).

Disbarred. All the Justices concur.

Decided November 5, 2024.

Disbarment.

Paula J. Frederick, General Counsel State Bar, William D.

NeSmith III, Deputy General Counsel State Bar, William V.

Hearnburg, Jr., Andreea N. Morrison, Assistant General Counsel

State Bar, for State Bar of Georgia.