In the Matter of Jason Lee Van Dyke

886 S.E.2d 811, 316 Ga. 168
CourtSupreme Court of Georgia
DecidedApril 18, 2023
DocketS23Y0225
StatusPublished
Cited by3 cases

This text of 886 S.E.2d 811 (In the Matter of Jason Lee Van Dyke) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Matter of Jason Lee Van Dyke, 886 S.E.2d 811, 316 Ga. 168 (Ga. 2023).

Opinion

316 Ga. 168 FINAL COPY

S23Y0225. IN THE MATTER OF JASON LEE VAN DYKE.

PER CURIAM.

This is the third appearance of this disciplinary matter before

the Court, following Special Master Daniel S. Reinhardt’s rejection

of Jason Lee Van Dyke’s (State Bar No. 851693) first petition for

voluntary discipline, our rejection of his second petition, and our

rejection of his third petition and remand to the Special Master for

additional fact-finding and to resolve any matters of reciprocal

discipline. See In the Matter of Van Dyke, 311 Ga. 199 (857 SE2d

194) (2021) (“Van Dyke I”); In the Matter of Van Dyke, 313 Ga. 53

(867 SE2d 124) (2021) (“Van Dyke II”). The State Bar initiated this

matter by filing a Bar Rule 4-106 petition for appointment of a

special master based on Van Dyke’s plea of nolo contendere in a

Texas criminal misdemeanor case. The Special Master was

appointed, and Van Dyke filed several petitions for voluntary discipline. In his first and second petitions, Van Dyke sought

voluntary discipline in connection with his admitted violation of

Rule 8.4 (a) (3)1 of the Georgia Rules of Professional Conduct (“the

Rules” or “the Georgia Rules”) found in Bar Rule 4-102 (d), by virtue

of his plea of nolo contendere. The Special Master rejected Van

Dyke’s first petition, and as explained more below, we rejected his

second petition and remanded the case for the Special Master to

make additional findings of fact as to Van Dyke’s conduct during the

Texas criminal proceeding and as to whether he was subject to

reciprocal discipline in connection with any past or current

disciplinary proceedings in other jurisdictions. See Van Dyke I, 311

Ga. at 203. Before the Special Master could hold a hearing, Van

1 Rule 8.4 (a) (3) provides: “It shall be a violation of the Georgia Rules of

Professional Conduct 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.” A plea of nolo contendere constitutes a “conviction” under Rule 8.4 (a) (3). See Rule 8.4 (b) (1) (“conviction” for purposes of Rule 8.4 includes a plea of nolo contendere); see also Rule 8.4 (b) (2) (“[t]he record of a conviction or disposition in any jurisdiction based upon . . . a plea of nolo contendere . . . shall be conclusive evidence of such conviction”). The maximum penalty for a Rule 8.4 (a) (3) violation is disbarment.

2 Dyke filed a third petition, seeking voluntary discipline in

connection with his admitted violation of Rule 8.4 (a) (3) and

voluntary reciprocal discipline under Rule 9.42 based on his

discipline in Texas and reciprocal discipline in other jurisdictions

where he is licensed to practice law. We rejected the petition and

remanded the case for the Special Master to make the factual

findings ordered in Van Dyke I. See Van Dyke II, 313 Ga. at 55.3

This matter is now before the Court on the Special Master’s

Report and Recommendation after a hearing held on May 6, 2022.

The Special Master recommends that the Court impose a three-year

suspension from the practice of law, nunc pro tunc to March 1, 2019.

Neither party has filed exceptions to the Report and

Recommendation. See Bar Rule 4-218. Although a petition for

2 Rule 9.4 (b) provides that a Georgia lawyer must inform the State Bar’s

Office of General Counsel upon being suspended or disbarred in another jurisdiction so that the State Disciplinary Review Board can recommend the imposition of substantially similar discipline. 3 Van Dyke did not file a new petition for voluntary discipline following

our rejection of his third petition in Van Dyke II. Thus, only the Bar Rule 4- 106 petition was before the Special Master on remand, and that is the only proceeding currently before this Court.

3 reciprocal discipline was not pending before him, the Special Master

engaged in the fact-finding we requested in Van Dyke I regarding

whether Van Dyke was subject to reciprocal discipline in Georgia in

connection with any past or current disciplinary proceedings in

other jurisdictions. As discussed below, the Special Master

determined that reciprocal discipline in Georgia would be

inappropriate, without fully analyzing the three disciplinary

proceedings in Texas in which Van Dyke was sanctioned. The

Special Master nonetheless looked to the total length of the

suspensions Van Dyke received in those three Texas disciplinary

proceedings in formulating his recommendation that Van Dyke

receive a three-year suspension in this Georgia disciplinary

proceeding. As explained more below, we reluctantly accept the

Special Master’s recommendation and impose a three-year

suspension nunc pro tunc to the date Van Dyke stopped practicing

law in Georgia.

1. Facts

4 Regarding the underlying circumstances surrounding Van

Dyke’s misconduct, this Court has previously recounted as follows:

Van Dyke, a Texas resident, is licensed to practice law in Texas and several other jurisdictions, including Georgia. In September 2018, Van Dyke called local police to report the theft of several items from his truck. After police interviewed his then-roommate, Van Dyke was arrested for making a false report. Van Dyke contested the charges. By his own admission, Van Dyke violated the conditions of his bond while his charges were pending.[4] Shortly before trial, the roommate, whom the State had planned to call as a witness, went missing. Contending that Van Dyke had procured the unavailability of the witness, the State filed a motion seeking forfeiture by wrongdoing, which was granted. Van Dyke then agreed to enter a plea of nolo contendere and, on February 26, 2019, Van Dyke entered his plea before the Denton County, Texas Criminal Court Number Five on one count of making a false report to a law enforcement officer. He was sentenced to 24 months’ deferred adjudication community supervision, with special conditions.

Van Dyke I, 311 Ga. at 200 (footnote omitted). The State Bar

initiated this proceeding under Bar Rule 4-106, and this Court

appointed a Special Master. See id. The Special Master rejected Van

4 In Van Dyke I, we noted that, “[a]ccording to Van Dyke, he left town in

violation of his bond conditions to attend a ‘waterfowl hunt’ that he had scheduled before his arrest.” 311 Ga. at 200 n.1.

5 Dyke’s first petition for voluntary discipline, which requested

discipline ranging from a public reprimand to a six-month

suspension. See id. In his second petition for voluntary discipline,

which was the one at issue in Van Dyke I, Van Dyke maintained his

innocence as to the underlying criminal charge, asserting that he

was prosecuted based on information law enforcement received from

an individual whom Van Dyke alleged had been stalking, defaming,

and harassing him since 2017. See id. at 200-201. In supplemental

filings requested by this Court, Van Dyke averred that, as a result

of his criminal conviction, he had been suspended from the practice

of law in Texas and received reciprocal discipline from other

jurisdictions for his Texas suspension. See id. at 201-202. We

expressed concern with Van Dyke’s conduct in the underlying

criminal proceeding and his suspensions in other jurisdictions,

which “warrant[ed] additional fact[-]finding.” Id. at 202.

Additionally, it appeared that Van Dyke had been suspended by the

Texas Bar in a separate proceeding in February 2019, but it was

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