In re Fleming

• Decision Date: 11 January 2022
• Docket Number: S22Y0339
• Citation: 867 S.E.2d 819 (Mem),313 Ga. 77
• Parties: In the MATTER OF Cory Howerton FLEMING.
• Court: Georgia Supreme Court

313 Ga. 77

867 S.E.2d 819 (Mem)

In the MATTER OF Cory Howerton FLEMING.

S22Y0339

Supreme Court of Georgia.

Decided: January 11, 2022

Thomas A. Pendarvis, Pendarvis Law Offices PC, 710 Boundary Street, Suite A1, Beaufort, South Carolina 29902, for Appellant.

James Stephen Lewis, Assistant General Counsel, Paula J. Frederick, General Counsel, Jenny K. Mittelman, William Dallas NeSmith, III, Deputy General Counsel, State Bar of Georgia, 104 Marietta Street, NW, Suite 100, Atlanta, Georgia 30303-2934, for Appellee.

Per Curiam.

This lawyer disciplinary matter is before the Court on the petition for voluntary reciprocal discipline, in the form of an emergency suspension, filed by Cory Howerton Fleming (State Bar No. 292955). See Bar Rules 4-108 (a) (emergency suspension), 4-227 (b) (petition for voluntary discipline), and Georgia Rules of Professional Conduct ("GRPC") Rule 9.4 (b) (reciprocal discipline), found in Bar Rule 4-102 (d). Fleming admits that on October 8, 2021, the Supreme Court of South Carolina issued an order for his interim suspension from the practice of law under South Carolina's equivalent to Georgia Bar Rule 4-108 (a). Fleming promptly notified the State Bar of the suspension, see GRPC 9.4 (b), and, in its response to Fleming's petition, the State Bar requests that the Court grant the petition.

Having considered the petition and response, the Court agrees that an order of emergency suspension is appropriate. See, e.g., In the Matter of Moore , 303 Ga. 296, 296 n.1, 811 S.E.2d 343 (2018) (disbarring attorney and noting Court's prior grant of voluntary petition for emergency suspension); In the Matter of Morris , 298 Ga. 864, 785 S.E.2d 408 (2016) (accepting petition for voluntary emergency suspension where attorney admitted impairment); In the Matter of Kirkland , 288 Ga. 480, 704 S.E.2d 806 (2011) (imposing indefinite suspension as reciprocal discipline following emergency suspension in Florida). Accordingly, the Court hereby accepts the voluntary petition and directs that Cory Howerton Fleming be suspended from the practice of law immediately and until further order of this Court. Fleming is reminded of his duties pursuant to Bar Rule 4–219 (b).

Petition for voluntary discipline accepted. Emergency suspension.

All the Justices concur.