In the Matter of Matthew Thomas Dale

304 Ga. 446

Opinion

304 Ga. 446 FINAL COPY

S18Y1023. IN THE MATTER OF MATTHEW THOMAS DALE.

PER CURIAM.

This disciplinary matter is before the Court on the petition for voluntary

discipline filed by Matthew Thomas Dale (State Bar No. 787590), pursuant to

Bar Rule 4-227 (b). Dale, who became a member of the Bar in 2010, entered a

guilty plea on October 6, 2017 to one count of “Peeping Tom,” in violation of

OCGA § 16-11-61. The indictment charged him with unlawfully going upon a

residential premises of a named individual for the purpose of becoming a

Peeping Tom, at which time he peeped through the windows of the residence and

invaded the individual’s privacy. Dale was sentenced, as a first offender, to four

years to be served on probation, provided that he complies with the terms of his

probation, which include that he pay restitution to the victim in the amount of

$1,200, that he perform 40 hours of community service, and that he serve four

weekends in jail. The State Bar acknowledges that these three conditions have

already been satisfied, and also that Dale has paid a fine and surcharges to the court, and that he pays monthly probation and Georgia Crime Victims

Emergency Fund fees of $32. Dale also remains subject to producing specimens

as requested to be tested for the presence of drugs and alcohol, and to protective

and no-contact orders with respect to the victim and her family, as well as a

waiver of his Fourth Amendment rights.

By pleading guilty, Dale admitted to the conduct described in the

indictment. Dale acknowledges that, by his conduct, he has violated Rule 8.4 (a)

(2), for which the maximum sanction is disbarment. By his petition, Dale seeks

the imposition of a suspension either for 18 months or until the conclusion of his

term of probation, whichever is longer. Dale also agrees he shall be required to

demonstrate to the Office of General Counsel that: (a) his probation has

terminated; and (b) he continues to receive mental health treatment by his present

counselor or a board-certified and licensed mental health professional, who has

certified that he is fit to practice law. If the State Bar agrees that these conditions

have been met, it will submit a notice of compliance to the Supreme Court of

Georgia. Dale agrees he shall not engage in the practice of law until the Court

issues an order granting the request for reinstatement.

In mitigation, Dale notes his lack of a prior disciplinary record, that he was

-2- suffering from personal and emotional problems at the time of the offense, that

he has made a full and free disclosure to the disciplinary authorities and has been

cooperative toward the disciplinary proceedings, that he otherwise has good

character and a reputation for such (demonstrated by the numerous character

letters he attaches to his petition), that he is remorseful and acknowledges the

nature of his wrongdoing, and that his conduct was not related to a client or his

practice of law. The record includes numerous letters from individuals who have

known Dale for a signficant period of time in various roles and settings. Each

of the letters expresses the writer’s opinion that Dale’s conduct represents an

aberration in an otherwise commendable life. Some of the writers indicate they

have personal knowledge that the criminal conduct arose at a time when Dale

was facing a challenging time in his personal and professional life. And some

of the writers vouch for the fact that Dale has expressed deep remorse for his

conduct and that they believe he has been rehabilitated. The State Bar agrees that

the voluntary discipline sought by Dale is an appropriate level of discipline under

the circumstances and in light of the applicable mitigating factors. See Standards

9.32 (a), 9.32 (c), 9.32 (e), 9.32 (g), and 9.32 (l), Standards for Imposing Lawyer

Sanctions, American Bar Association Center for Professional Responsibility

-3- (1992); see also In the Matter of Morse, 266 Ga. 652, 653 (470 SE2d 232) (1966)

(this Court relies upon these standards for guidance in determining punishment

in disciplinary cases).

Although violation of Rule 8.4 (a) (2) authorizes disbarment, a felony

conviction does not necessarily demand disbarment where there are mitigating

circumstances supporting the imposition of a suspension. In the Matter of

Waldrop, 283 Ga. 80, 81 (656 SE2d 529) (2008); In the Matter of Haugabrook,

278 Ga. 721 (606 SE2d 257) (2004). Having reviewed the record, we find that

an 18-month suspension with the above-noted conditions on reinstatement is the

appropriate sanction in this matter. See In the Matter of Corley, 303 Ga. 290

(811 SE2d 347) (2018); In the Matter of Ortman, 289 Ga. 130 (709 SE2d 784)

(2011); In the Matter of Paine, 280 Ga. 208, 210 (625 SE2d 768) (2006).

Accordingly, we hereby order that Matthew Thomas Dale is suspended

from the practice of law in the State of Georgia for a period of time to end at the

expiration of 18 months or at the termination of his criminal probation, whichever

is longer. At the conclusion of this period, Dale may seek reinstatement by

demonstrating to the State Bar’s Office of General Counsel that he has met the

conditions for reinstatement, specifically that his probation has terminated, that

-4- a board-certified and licensed mental health professional has certified that he is

fit to return to the practice of law, and that he is continuing to receive mental

health treatment by a board-certified and licensed mental health professional. If

the State Bar agrees that the conditions have been met, it is directed to submit a

notice of compliance to this Court, at which time this Court will issue an order

granting or denying reinstatement. Dale is reminded of his duties under Bar Rule

4-219 (c).

Petition for voluntary discipline accepted. Suspension with conditions for

reinstatement. Melton, C. J., Nahmias, P. J., Benham, Hunstein, Blackwell,

Boggs, and Peterson, JJ., concur.

-5- Decided September 10, 2018. Suspension.

Warren R. Hinds, for Dale.

Paula J. Frederick, General Counsel State Bar, Jenny K. Mittelman,

Wolanda R. Shelton, Assistant General Counsel State Bar, for State Bar of

Georgia.

-6-