In the Matter of Don Smart

845 S.E.2d 688, 309 Ga. 336

• Court: Supreme Court of Georgia
• Decided: June 29, 2020
• Docket: S20Y0957
• Status: Published

Opinion

309 Ga. 336 FINAL COPY

S20Y0957. IN THE MATTER OF DON SMART.

PER CURIAM.

Don Smart (State Bar No. 653525), who was admitted to the

State Bar of Georgia in 1975, has filed a petition for voluntary

surrender of his license,1 see Bar Rule 4-227 (b) (2), stating that on

February 4, 2020, he entered a guilty plea in Chatham County

Superior Court to one count of theft by conversion. He states further

that the theft charge arose from his conduct in the administration of

an estate, in the course of which he sold real property on the estate’s

behalf, deposited the sales proceeds, totaling $509,618.68, into his

trust account, and then, rather than disbursing the funds to the

estate, converted the funds to his own use. Smart admits that, by

his conduct, he has violated the Georgia Rules of Professional

Conduct found in Bar Rule 4-102 (d). Specifically, Smart’s admitted

1 Smart is currently under interim suspension. See In the Matter of Smart, 305 Ga. 724 (827 SE2d 685) (2019). conduct constitutes a violation of Rules 1.15 (I) (c), 1.15 (II) (b), and

8.4 (a) (2), the maximum sanction for any of which is disbarment.

The State Bar has filed a response, asking the Court to accept the

petition.

Having reviewed the petition and response, we agree to accept

Smart’s petition for voluntary surrender of his license, which is

tantamount to disbarment. See Rule 1.0 (r). Accordingly, it is

hereby ordered that the name of Don Smart be removed from the

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

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

Voluntary surrender of license accepted. All the Justices concur.

DECIDED JUNE 29, 2020. Voluntary surrender of license. Harry D. Dixon, Jr., for Smart. Paula J. Frederick, General Counsel State Bar, William D. NeSmith III, Deputy General Counsel State Bar, Jenny K. Mittelman, Wolanda R. Shelton, Assistant General Counsel State Bar, for State Bar of Georgia.