In the Matter of Jonnie Mae Graham

306 Ga. 380

• Court: Supreme Court of Georgia
• Decided: June 3, 2019
• Docket: S19Y0706
• Status: Published

Opinion

306 Ga. 380 FINAL COPY

S19Y0706. IN THE MATTER OF JOHNNIE MAE GRAHAM.

PER CURIAM.

This disciplinary matter is before the Court on a Notice of

Discipline seeking the disbarment of Johnnie Mae Graham (State

Bar No. 304625). Graham failed to acknowledge service of the

Notice of Discipline mailed to her at the post office box address on

file with the State Bar’s membership department. The State Bar

then properly served Graham by publication pursuant to Bar Rule

4-203.1 (b) (3) (ii), but she failed to file a Notice of Rejection. Thus,

she is in default, has waived her right to an evidentiary hearing, and

is subject to such discipline and further proceedings as may be

determined by this Court. See Bar Rule 4-208.1 (b).

The facts, as deemed admitted by virtue of Graham’s default,

are as follows. In 2013, a client retained Graham to represent him

in connection with a car accident, and Graham filed a lawsuit on the

client’s behalf in December 2013. However, after the lawsuit was filed, Graham failed to respond to the client, who attempted to

contact her on numerous occasions regarding the lawsuit. In August

2015, the defendants filed a motion to dismiss the client’s case.

Graham did not file a response to the motion to dismiss, and in

October 2015 the court dismissed the client’s case due to Graham’s

failure to appear at a hearing. The State Disciplinary Board found

that Graham failed to perform work on the client’s behalf,

abandoned the legal matter the client entrusted to her to the client’s

detriment, failed to return the client’s file, and failed to provide

information requested by the State Bar during the investigation of

this disciplinary matter.

Based on these facts, the State Disciplinary Board found

probable cause to believe that Graham violated Rules 1.3, 1.4, 1.16

(d), and 3.2 of the Georgia Rules of Professional Conduct found in

Bar Rule 4-102 (d). The maximum sanction for a violation of Rule

1.3 is disbarment, while the maximum sanction for a violation of

Rules 1.4, 1.16, and 3.2 is a public reprimand. In aggravation of the level of discipline in this case, see Bar

Rule 4-208.2 (a) (4), the State Disciplinary Board found that Graham

has extensive experience in the practice of law, having been

admitted to the Bar in 1981, and that she has previous disciplinary

history, having received a Review Panel reprimand in 2013. See In

the Matter of Graham, 292 Ga. 901 (742 SE2d 735) (2013).

Having reviewed the record, we conclude that disbarment is

the appropriate sanction in this matter. See, e.g., In the Matter of

Mays, 303 Ga. 152 (810 SE2d 478) (2018); In the Matter of Miller,

302 Ga. 366 (806 SE2d 596) (2017). Accordingly, it is ordered that

the name of Johnnie Mae Graham be removed from the rolls of

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

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

All the Justices concur. Decided June 3, 2019 – Reconsideration denied July 1, 2019.

Disbarment.

Paula J. Frederick, General Counsel State Bar, William D.

NeSmith III, Deputy General Counsel State Bar, Jenny K.

Mittelman, Andreea N. Morrison, Assistant General Counsel State

Bar, for State Bar of Georgia.