In the Matter of Keith Brian Harkleroad

• Court: Supreme Court of Georgia
• Decided: March 20, 2017
• Docket: S16Y1645
• Status: 200

Opinion

300 Ga. 762 FINAL COPY

S16Y1645. IN THE MATTER OF KEITH BRIAN HARKLEROAD.

PER CURIAM.

This disciplinary matter is before the Court on a Notice of Discipline

seeking the disbarment of Respondent Keith Brian Harkleroad (State Bar No.

326382) based on his violations of Bar Rules 5.5 (a), 8.4 (a) (4), and 9.3 of the

Georgia Rules of Professional Conduct, see Bar Rule 4-102 (d). The maximum

sanction for a violation of Rules 5.5 (a) and 8.4 (a) (4) is disbarment, while the

maximum sanction for a violation of Rule 9.3 is a public reprimand. The State

Bar attempted to serve Harkleroad personally at the address he listed with it, but

the sheriff filed a return of service non est inventus. The State Bar then properly

served Harkleroad by publication pursuant to Bar Rule 4-203.1 (b) (3) (ii). As

Harkleroad failed to file a Notice of Rejection, he is in default, has waived his

rights 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 Harkleroad’s default, show that

in May 2015 Harkleroad, who was admitted to the State Bar in June 1999, was suspended for failure to comply with his mandatory continuing legal education

requirements, and that in September 2015, he further ceased to be a member in

good standing of the Georgia Bar as a result of his failure to pay his Bar dues.

Nevertheless, Harkleroad continued to represent a client in a criminal case in

which the client was charged with murder in the Superior Court of Coffee

County. The client’s trial began on October 25, 2015, with Harkleroad

representing the client. Following that day’s proceedings, the prosecution

learned that Harkleroad was not then a member in good standing and advised the

court of its discovery outside the presence of the jury. According to the Notice

of Discipline, Harkleroad told the court that he had recently sent a check to pay

his Bar dues and that he acquired six hours of continuing legal education credit.

The court allowed Harkleroad to leave the courtroom to check on his

membership status. When Harkleroad returned, he told the court that he had

spoken with a representative of the Bar and had been told that he needed eight

hours of continuing legal education credit. The court declared a mistrial in the

client’s murder case and filed a grievance against Harkleroad. At that time,

Harkleroad needed 18 hours of continuing legal education credit and no check

for payment of Bar dues from Harkleroad was ever received by the Bar.

2 Moreover, Harkleroad did not cooperate with the Office of General Counsel’s

investigation of this grievance and did not submit a response to the Notice of

Investigation.

We have reviewed the record, and we agree with the State Bar that

Harkleroad has violated Rules 5.5 (a), 8.4 (a) (4), and 9.3 of the Georgia Rules

of Professional Conduct, see Bar Rule 4-102 (d). Moreover, despite the fact that

Harkleroad has no prior disciplinary history, we agree that disbarment is an

appropriate sanction in this matter, particularly in light of the aggravating facts

that Harkleroad acted with a dishonest motive and that he has substantial

experience in the practice of law. Accordingly, the name of Keith Brian

Harkleroad hereby is removed from the rolls of persons entitled to practice law

in the State of Georgia. He is reminded of his duties under Bar Rule 4-219 (c).

Disbarred. All the Justices concur.

Decided March 20, 2017.

Disbarment.

Paula J. Frederick, General Counsel State Bar, Rebecca A. Hall,

Assistant General Counsel State Bar, for State Bar of Georgia.