in the Matter of Shannon Dewayne Patterson

303 Ga. 750

• Court: Supreme Court of Georgia
• Decided: May 21, 2018
• Docket: S18Y0794
• Status: Published

Opinion

303 Ga. 750 FINAL COPY

S18Y0794. IN THE MATTER OF SHANNON DEWAYNE PATTERSON.

PER CURIAM.

In November 2017, Shannon DeWayne Patterson (State Bar No. 173418)

pled guilty in federal district court to one count of willfully aiding and assisting

in the preparation and presentation of a false tax return, in violation of 26 USC

§ 7206 (2). See United States v. Patterson, No. 1:17-CR-00413-WO (M.D. N.C.

Nov. 13, 2017). Although he has not yet been sentenced, he admits that he is in

violation of Rule 8.4 (a) (2) of the Georgia Rules of Professional Conduct,

which makes it a disciplinary violation “for a lawyer to . . . be convicted of a

felony[.]” See Rule 8.4 (b) (1) (i) (stating that, for purposes of Rule 8.4, the

acceptance of a guilty plea by a court constitutes a conviction, regardless of

whether a sentence has been imposed). Patterson contends that he will not be

able to present this Court with all the relevant facts and mitigating circumstances

pertaining to his disciplinary violation until the conclusion of his sentencing,

and he requests an interim suspension of his license to practice law until then and until further order of this Court. The State Bar filed a response opposing the

petition, arguing that an interim suspension will not adequately serve to protect

the public, that “[t]he Bar Rules do not contemplate such delay,” and that “the

case is ripe to be adjudicated now.” The State Bar requests that this Court deny

Patterson’s petition “and authorize the State Bar to proceed with a Petition for

Appointment of Special Master Pursuant to Bar Rule 4-106.”

Contrary to the State Bar’s arguments, Patterson’s petition for voluntary

discipline seeking an interim suspension is the only issue that is ripe for this

Court’s consideration, and an interim suspension will serve to protect the public

better than what the State Bar proposes, which is to allow him to continue

practicing law for the time being despite the federal district court’s acceptance

of his guilty plea to a felony. The State Bar does not need any additional

authorization from this Court to file a petition for the appointment of a special

master pursuant to Bar Rule 4-106 (a).

Having reviewed Patterson’s petition and the State Bar’s response, we

agree that the petition should be granted. See In the Matter of Swank, 288 Ga.

479, 479-480 (704 SE2d 807) (2011) (accepting petition for voluntary discipline

pending the resolution of felony charges and suspending attorney’s license to

2 practice law until further order of this Court). Accord In the Matter of Miller,

300 Ga. 139, 139 (793 SE2d 376) (2016); In the Matter of Galette, 292 Ga. 341,

341-342 (737 SE2d 691) (2013). Accordingly, it is hereby ordered that

Shannon DeWayne Patterson be suspended from the practice of law in this State

until his sentencing by the federal district court and until further order of this

Court. He is also ordered to notify the State Bar’s Office of General Counsel in

writing within seven days of his sentencing, and he is further ordered to comply

with the notification and other requirements of Bar Rule 4-219 (c).

Petition for voluntary discipline accepted. Suspension until further order

of this Court. All the Justices concur.

3 Decided May 21, 2018.

Suspension.

Warren R. Hinds, for Patterson.

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

Andreea N. Morrison, Assistant General Counsel State Bar, for State Bar of

Georgia.