IN RE GARDNER
| Decision Date | 01 March 2010 |
| Docket Number | No. S10Y0690.,S10Y0690. |
| Citation | 690 S.E.2d 611 |
| Parties | In the Matter of Frederick Andrew GARDNER. |
| Court | Georgia Supreme Court |
Paula J. Frederick, General Counsel State Bar, Jonathan W. Hewett, Asst. Gen. Counsel State Bar, for State Bar of Georgia.
This disciplinary matter is before the Court on Respondent Frederick Andrew Gardner's Alternative Petition for Voluntary Discipline or Voluntary Surrender of License in which he asks the Court either to suspend him for some period of time or to accept the voluntary surrender of his license to practice law. In his petition Gardner admits that he pled guilty to a misdemeanor violation of OCGA § 16-10-24 () and was sentenced to 12 months of probation. He also admits that the conviction is a violation of Rule 8.4(a)(3) of the Georgia Rules of Professional Conduct, see Bar Rule 4-102(d). The factual basis for the plea was that Gardner gave false information to a Georgia Bureau of Investigation agent during an interview regarding a real estate closing. Gardner falsely told the agent that he had instructed his employees to notify the lender about the back-to-back closings of the property and misled the agent as to why money had not been disbursed after the first closing. In seeking a suspension rather than the surrender of his license, Gardner states that he has no prior discipline and expresses sincere remorse for his conduct.
The State Bar filed a response in which it notes that Gardner is not in good standing with the State Bar because he has not paid his dues. In mitigation the State Bar observes that Gardner has no prior discipline, was not deeply involved in the underlying mortgage fraud scheme that was the subject of the GBI's investigation, and cooperated in this matter by reporting his conviction to the State Bar rather than requiring the Bar to file a petition under Bar Rule 4-106(a). Nevertheless, because he gave false information about the scheme and obstructed the investigation, the State Bar concludes that the interests of the public and the State Bar would be best served by ordering that Gardner be disbarred.
While disbarment is the maximum punishment for a violation of Rule 8.4(a)(3), either suspension or disbarment is an appropriate sanction, depending on the circumstances. Compare In the Matter of Williams, 284 Ga. 96, 663 S.E.2d 181 (2008) (), In the Matter of Walker, 282 Ga. 53, 644 S.E.2d 860 (2007) (...
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