In the Matter of James Caleb Clarke III

844 S.E.2d 724, 309 Ga. 187

• Court: Supreme Court of Georgia
• Decided: June 16, 2020
• Docket: S20Z0712
• Status: Published

Opinion

309 Ga. 187 FINAL COPY

S20Z0712. IN THE MATTER OF JAMES CALEB CLARKE III.

PER CURIAM.

This bar admission matter is before the Court on the

Application for Certification of Fitness to Practice Law, pursuant to

Part A, Section 10 of the Rules Governing Admission to Practice Law

in Georgia (“Bar Admissions Rules”), filed by James Caleb Clarke

III. In 2002, Clarke voluntarily surrendered his license, which is

tantamount to disbarment, after admitting that he engaged in

misconduct that violated then-applicable Standards 44, 65 (A), and

65 (D), of the Georgia Rules of Professional Conduct found in Bar

Rule 4-102 (d). See In the Matter of Clarke, 275 Ga. 814 (573 SE2d

81) (2002). Specifically, in his petition to surrender his license,

Clarke admitted that while serving as the administrator of an

estate, he withdrew $90,000 from the estate account for his own

personal use (later paying it back), appropriated for his own

personal use an automobile that was property of the estate, falsely told the heirs he had sold the vehicle and deposited the proceeds into

the estate account, and failed to file proper income tax returns on

behalf of the estate between 1996 and 1999. See id. at 814-815.

On August 28, 2019, Clarke filed his Application for

Certification of Fitness, which reflects that following his

disbarment, Clarke attended Columbia Theological Seminary and

graduated with a Master’s Degree in Divinity in May 2007. Clarke

then began serving as a pastor, and currently serves as a senior

pastor at a Presbyterian church in Stone Mountain, Georgia, where

he has been employed since January 2010. In his statement of

rehabilitation, Clarke admits that he violated his responsibilities

and mishandled the office of executor and states that he has since

paid full restitution to the estate and has reconciled with the heirs.

He further states that in his current role as a senior pastor, he

oversees youth education programs, a care center for senior adults,

and the budget at his church, and engages in regular service to the

community, including at local refugee centers and hospitals and by

providing marriage counseling to couples. In addition to the statement of rehabilitation, Clarke provided several letters of

support from his colleagues and members of his congregation, which

commend his honesty, integrity, and service to and support of

members of his community. An heir to the estate that Clarke

mishandled provided a letter of support, stating that she feels

“deeply convinced that [Clarke] has turned his life around and has

earned reinstatement of his attorney’s license.”

Through its investigation, the Fitness Board determined that

no grievances or other disciplinary matters against Clarke are

pending before the State Bar and that he owes no restitution to the

Client Security Fund. At an informal conference convened before the

Fitness Board, Clarke acknowledged and accepted responsibility for

his past wrongdoing, expressed gratitude for the personal growth

that he has undergone in its aftermath, and expressed his desire to

clear his name in order to provide a positive legacy for his family.

After considering Clarke’s testimony and written submissions, the

Fitness Board concluded that Clarke had, by clear and convincing

evidence, carried his burden of demonstrating rehabilitation. See In re Cason, 249 Ga. 806, 808 (294 SE2d 520) (1982).

Upon consideration of the entire record, we likewise conclude

that Clarke has shown that he is entitled to be certified as fit to

practice law in Georgia. Accordingly, as it appears that Clarke has

satisfied all requirements for approval of his application for

certification of fitness, see Bar Admissions Rules, Part A, Section 10,

this Court grants Clarke’s application for certification of fitness and

orders that, upon satisfaction of all the requirements of Part B of the

Bar Admissions Rules, including taking and passing the Georgia

Bar Examination, Clarke may be readmitted as an attorney licensed

to practice law in the State of Georgia.

Certification of fitness for readmission granted. All the Justices concur.

DECIDED JUNE 16, 2020. Reinstatement. Heidi M. Faenza, for Office of Bar Admissions.