In re Van Dyke
Decision Date | 14 December 2021 |
Docket Number | S22Y0046 |
Citation | 313 Ga. 53,867 S.E.2d 124 |
Parties | In the MATTER OF Jason Lee VAN DYKE. |
Court | Georgia Supreme Court |
Jason Lee Van Dyke, The Marsala Law Group, 1417 E. McKinney St., Ste. 110, Denton, Texas 76209, for Appellant.
William Van Hearnburg, Jr., State Bar of Georgia, 104 Marietta Street, NW, Suite 100, Atlanta, Georgia 30309-3592, Paula J. Frederick, General Counsel, Jenny K. Mittelman, William Dallas NeSmith, III, Deputy General Counsel, State Bar of Georgia, 104 Marietta Street, N.W., Suite 100, Atlanta, Georgia 30303-2934, for Appellee.
This disciplinary matter is before the Court on Jason Lee Van Dyke's (State Bar No. 851693) Third Petition for Voluntary Discipline. In his petition, Van Dyke again admits that he violated Rule 8.4 (a) (3) of the Georgia Rules of Professional Conduct, found at Bar Rule 4-102 (d), by virtue of his conviction of a misdemeanor involving moral turpitude related to his fitness to practice law. The maximum penalty for a violation of Rule 8.4 (a) (3) is disbarment. After the State Bar initiated a disciplinary action against Van Dyke pursuant to Bar Rule 4-106, Van Dyke filed his first Petition for Voluntary Discipline, which sought discipline ranging from a public reprimand to six months’ suspension. The State Bar opposed that petition, and the Special Master, Daniel S. Reinhardt, rejected it, noting this Court's general practice of rejecting proposed discipline that ends prior to the completion of a criminal sentence. Van Dyke next sought an indefinite suspension until such time as his criminal sentence was discharged. The State Bar did not oppose that proposed discipline, so long as the lifting of the suspension was conditioned on Van Dyke's providing satisfactory evidence of the final release and discharge of his criminal sentence. The Special Master then submitted a report and recommendation recommending the acceptance of that proposed discipline under the stated condition. But on April 5, 2021, we rejected Van Dyke's Second Petition for Voluntary Discipline. See In the Matter of Van Dyke , 311 Ga. 199, 857 S.E.2d 194 (2021).
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...S.E.2d at 43-44.83. In re Scott, 313 Ga. 618, 619, 872 S.E.2d 279, 280 (2022). 84. Id.85. Id. at 620, 872 S.E.2d at 281.86. In re Van Dyke, 313 Ga. 53, 55, 867 S.E.2d 124, 126 (2021) (hereinafter Van Dyke II).87. Id. at 53, 867 S.E.2d at 125.88. In re Van Dyke, 311 Ga. 199, 200, 857 S.E.2d ......