In the Matter of Timothy Paul Healy

842 S.E.2d 844, 308 Ga. 658

• Court: Supreme Court of Georgia
• Decided: May 4, 2020
• Docket: S20Y1015
• Status: Published

Opinion

308 Ga. 658 FINAL COPY

S20Y1015. IN THE MATTER OF TIMOTHY PAUL HEALY.

PER CURIAM.

This disciplinary matter is before the Court pursuant to the

Petition for Voluntary Surrender of License filed by Timothy Paul

Healy (State Bar No. 342175). In his petition, Healy requests that

the Court allow him to surrender his license pursuant to Bar Rule

4-104, in lieu of accepting discipline for numerous alleged violations

of the Georgia Rules of Professional Conduct. Because the Bar

consents to the requested treatment and because the sealed record

supports it, the Court accepts the petition.

The parties agree that Healy, who has been a member of the

State Bar since 1979, is the subject of numerous grievances alleging

a myriad of violations of the Georgia Rules of Professional Conduct,

see Bar Rule 4-102 (d), many of which are punishable by disbarment.

Although Healy does not admit all of the facts contained in the

various grievances, he acknowledges that there is some factual basis to support a finding that he has committed numerous ethical

violations. In November 2019, before he received any sort of referral

from the State Bar under Bar Rule 4-104, Healy sought and obtained

an alcohol and drug evaluation and submitted the written results

thereof to the State Bar. Although the evaluation provided

significant insight into Healy’s condition, it did not include any sort

of assessment of Healy’s fitness to practice law. The Bar then

requested that Healy submit to an additional evaluation and that,

in the meantime, he discontinue taking new cases and refer or

withdraw from all of his open cases. Healy agreed to do so.

In December 2019, a healthcare provider confirmed the

findings of the earlier assessment and opined that Healy’s

conditions would impair his ability to practice law and would place

the public at risk or peril. Thereafter, Healy undertook additional

treatment but ultimately decided, in conjunction with his healthcare

providers, that “to facilitate his recovery over the longer term, to

maximize his potential to restore himself to good health and

otherwise deal with the outstanding grievances,” he would give up the practice of law. This petition for voluntary surrender of license

followed.

Healy asserts that he has taken significant steps to wind down

his practice, including referring his remaining caseload to other

lawyers where possible and withdrawing from all other cases. Healy

asks that this Court accept his petition in lieu of discipline for the

alleged disciplinary infractions now pending in the State Bar. See

In the Matter of Rand, 279 Ga. 555, 556 (616 SE2d 452) (2005)

(implying Special Master authorized to choose whether to make a

recommendation based on disciplinary violations or Rule 4-104).

Healy promises that, if the Court accepts his petition, he will not

seek reinstatement, even if he ultimately recovers from his

diagnosed conditions. Healy further agrees and acknowledges that,

should he renege on his promise not to seek reinstatement, he could

be prosecuted for the violations of the Georgia Rules of Professional

Conduct alleged in the currently pending grievances, and charged

with a new violation of the Georgia Rules of Professional Conduct

based on his action of seeking reinstatement in violation of his promise. The State Bar has responded to Healy’s petition and

consents to the treatment requested therein.

This Court has reviewed the record in this case and finds that

Healy has admitted the existence of sufficient grounds for his

permanent removal from the practice of law under Bar Rule 4-104.

Accordingly, this Court accepts Healy’s petition for voluntary

surrender of license, which is tantamount to disbarment. See

Georgia Rule of Professional Conduct, 1.0 (r). Accordingly, the name

of Timothy Paul Healy is hereby removed from the rolls of persons

entitled to practice law in the State of Georgia. Healy is reminded of

his duties under Bar Rule 4-219 (b).

Voluntary surrender of license accepted. All the Justices concur.

DECIDED MAY 4, 2020. Voluntary surrender of license. Cathey & Strain, Dennis T. Cathey, for Healy. Paula J. Frederick, General Counsel State Bar, William D. NeSmith III, Deputy General Counsel State Bar, Jenny K. Mittelman, James S. Lewis, Assistant General Counsel State Bar, for State Bar of Georgia.