In the Matter of Dennis W. Hartley

848 S.E.2d 432, 309 Ga. 831

• Court: Supreme Court of Georgia
• Decided: September 8, 2020
• Docket: S20Y1352
• Status: Published

Opinion

309 Ga. 831 FINAL COPY

S20Y1352. IN THE MATTER OF DENNIS W. HARTLEY.

PER CURIAM.

This reciprocal discipline matter is before the Court on the

State Disciplinary Review Board’s June 4, 2020 report and

recommendation that this Court disbar Dennis W. Hartley (State

Bar No. 333925) from the practice of law in Georgia. See Georgia

Rules of Professional Conduct, Rule 9.4 (b). The reciprocal

proceeding arises from Hartley’s disbarment from the practice of law

in Colorado. The State Bar of Georgia’s Notice of Reciprocal

Discipline was sent to Hartley at his address on file with the Bar’s

membership department, but he did not acknowledge service or

respond. The Bar attempted personal service in Colorado through

the Sheriff of El Paso County, Colorado Springs, but the Sheriff was

unable to locate Hartley and submitted a return of service with the

notation “unable to locate after a reasonable search.” The Bar then

properly served him by publication. See Bar Rule 4-203.1 (b) (3) (ii). Hartley did not file any response or objection to the imposition of

reciprocal discipline.

Hartley was admitted to practice law in Colorado in 1972, has

been a member of the State Bar of Georgia since 1987, and currently

has emeritus status.1 On July 18, 2019, the Supreme Court of

Colorado entered an order disbarring Hartley from the practice of

law, effective August 22, 2019, based on a stipulation and consent

agreement in which Hartley consented to disbarment and admitted

the allegations of three complaints filed by Colorado’s Office of

Attorney Regulation Counsel. The complaints alleged that Hartley

failed to report his several DUI convictions to the Colorado

disciplinary authorities as required by Colorado’s disciplinary rules

and that in connection with the representation of several different

clients in civil, post-conviction, and criminal matters, Hartley

committed multiple violations of the rules of professional conduct in

that he accepted fees but did not enter into fee agreements with new

1 An emeritus member is subject to discipline in Georgia. See In the Matter of Wayman, 307 Ga. 586 (837 SE2d 261) (2019). clients or otherwise explain the basis for the fees; failed to provide

an accounting for those fees; failed to deposit retainer fees in a trust

account; failed to refund unearned fees upon discharge; failed to

communicate with his clients regarding the objectives of the

representation; failed to keep his clients informed; filed a probate

proceeding without the knowledge of one client; practiced law and

shared fees with non-lawyers; and practiced law while he was

suspended from the practice of law.

Based on a review of the disciplinary procedures and rules in

Colorado and the corresponding disciplinary procedures and rules in

Georgia, the Review Board concluded that disbarment is the

appropriate level of discipline in Georgia for similar misconduct and

found no basis for recommending anything other than substantially

similar discipline, see Georgia Rules of Professional Conduct, Rule

9.4 (b) (3) (i)–(vi). Thus, it recommends that the Court disbar

Hartley.

Neither the State Bar nor Hartley filed objections to the

Review Board’s report. Having reviewed the record, we agree with the Review Board that disbarment is the appropriate sanction in

this reciprocal discipline matter. Accordingly, it is ordered that the

name of Dennis W. Hartley be removed from the rolls of persons

authorized to practice law in the State of Georgia. Hartley is

reminded of his duties pursuant to Bar Rule 4-219 (b).

Disbarred. All the Justices concur.

Decided September 8, 2020.

Disbarment. Paula J. Frederick, General Counsel State Bar, William D. NeSmith III, Deputy General Counsel State Bar, Jenny K. Mittelman, James S. Lewis, Assistant General Counsel State Bar, for State Bar of Georgia.