In the Matter of David R. Sicay-Perrow

• Court: Supreme Court of Georgia
• Decided: June 30, 2017
• Docket: S17Y1439
• Status: 200

Opinion

301 Ga. 666 FINAL COPY

S17Y1439. IN THE MATTER OF DAVID R. SICAY-PERROW.

PER CURIAM.

Following this Court’s remand of this reciprocal disciplinary matter, see

In the Matter of Sicay-Perrow, 300 Ga. 136 (793 SE2d 377) (2016), the Review

Panel issued a new report and recommendation in which it recommended that

David R. Sicay-Perrow (State Bar No. 645285) be suspended from the practice

of law in Georgia for a period of five years or until such time as he is reinstated

to practice in Tennessee, whichever event occurs earlier. The Review Panel also

recommended as a condition of reinstatement that Sicay-Perrow be required to

satisfy his obligations to Trustee Management Corporation and Fidelity Bank,

as referenced in the Tennessee Order of Enforcement dated January 26, 2016.

As neither Sicay-Perrow nor the Bar has filed any exceptions to the Review

Panel’s report and recommendation, the matter is ripe for review. See Bar Rule

4-219.

Details of Sicay-Perrow’s case can be found in In the Matter of Sicay- Perrow, supra, but in relevant part, Sicay-Perrow, who was admitted to the

Georgia Bar in 1990, entered a conditional guilty plea to a disciplinary matter

pending in Tennessee based on actions undertaken in Georgia. Pursuant to that

plea, he admitted committing acts in 2013 which amounted to violations of

Rules 1.15 (I)-(III), 5.3 (a), and 8.4 (a) (1) of the Georgia Rules of Professional

Conduct, see Bar Rule 4-201 (d), and agreed to suffer disbarment pursuant to

Tenn. Supreme Court Rule 9, § 4.1 (2006) with a conditional right to

reinstatement. As a result, this reciprocal disciplinary matter was initiated in

Georgia, see Rule 9.4 (b), and although Sicay-Perrow argued that mitigating

factors existed which should lessen the discipline imposed in Georgia, see Rule

9.4 (b) (3) (i)-(vi) (Review Panel shall recommend substantially similar

discipline unless lawyer demonstrates, or Review Panel finds from the face of

the record, the existence of mitigating factors), both the State Bar and the

Review Panel disagreed and focused instead on determining what would be a

substantially similar discipline to that imposed in Tennessee. After reviewing

the Tennessee disciplinary rules, the Review Panel found that disbarment in

Georgia was not substantially similar to disbarment with a conditional right of

reinstatement in Tennessee, and therefore recommended a three-year suspension

2 with reinstatement in Georgia conditioned on reinstatement in Tennessee and his

satisfaction of certain monetary obligations.

On review, this Court found that the Review Panel considered the

existence of substantially similar discipline based on a mistaken understanding

of the Tennessee Rules. See In the Matter of Sicay-Perrow, 300 Ga. at 138. It

recited those Rules and remanded this matter for reconsideration by the Review

Panel. Id. On remand, the Review Panel engaged in an in-depth comparison of

the Tennessee Rules governing disbarment with a conditional right of

reinstatement and the Georgia rules governing disbarment and concluded that

the punishments were dissimilar in two main ways: in Georgia, a disbarred

attorney must seek readmission through the Office of Bar Admissions, which is

separate from the disciplinary system, and must take and pass the bar

examination prior to readmission, see Part A, Section 10 (a) of the Supreme

Court of Georgia’s Rules Governing Admission to the Practice of Law, while

in Tennessee, a lawyer disbarred with a conditional right of reinstatement must

seek readmission by filing a petition for reinstatement within the disciplinary

system; that petition is referred to a hearing panel; and the question of whether

to condition reinstatement upon the lawyer’s successful completion of an

3 admission examination is wholly within the discretion of that hearing panel or

a reviewing court. See Tenn. Supreme Court Rule 9, § 19.7 (2006) and Tenn.

Supreme Court Rule 9, § 30.4 (d) (7) (2014). Based on its comparison, the

Review Panel found that a substantially similar discipline in Georgia to that

imposed in Tennessee would be for Sicay-Perrow to be suspended from the

practice of law in Georgia for a period of five years or until such time as he is

reinstated to practice in Tennessee, whichever event occurs earlier. It further

conditioned Sicay-Perrow’s right to reinstatement on satisfaction of his

obligations to Trustee Management Corporation and Fidelity Bank, as

referenced in the Tennessee Order of Enforcement.

After review and consideration of the record and all of the pleadings filed

by the parties, we accept the Review Panel’s determination as to substantially

similar discipline. Accordingly, we hereby order that, as a result of his admitted

violations of Rules 1.15 (I)-(III), 5.3 (a) and 8.4 (a) (1), Sicay-Perrow be

suspended from the practice of law for a period of five years or until such time

as he is reinstated to practice in Tennessee, whichever event occurs earlier, and

that his reinstatement be conditioned on satisfactory proof that he has complied

with his obligations to Trustee Management Corporation and Fidelity Bank, as

4 referenced in the Tennessee Order of Enforcement. At the conclusion of the

suspension imposed in this matter, Sicay-Perrow may seek reinstatement by

demonstrating to the State Bar’s Office of General Counsel that he has met the

conditions for reinstatement. If the State Bar agrees that the conditions have

been met, it will submit a notice of compliance to this Court, and this Court will

issue an order granting or denying reinstatement. Sicay-Perrow is reminded of

his duties under Bar Rule 4-219 (c).

Suspension with conditions for reinstatement. All the Justices concur.

Decided June 30, 2017.

Suspension.

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

5 Wolanda R. Shelton, Assistant General Counsel State Bar, for State Bar of

Georgia.

Giacoma Schleicher Roberts & Daughdrill, Gene Chapman, for Sicay-

Perrow.