In the Matter of Frederick Andrew Gardner

Summary

The Supreme Court of Georgia considered Frederick Andrew Gardner's petition for voluntary discipline or surrender of his law license after he pleaded guilty to misdemeanor obstruction of a police officer. The court concluded that his false statements during an investigation involving mortgage fraud warranted acceptance of his voluntary surrender, which was tantamount to disbarment.

Holdings

1. Although suspension or disbarment may be appropriate depending on the circumstances, acceptance of Gardner's voluntary surrender of his license, tantamount to disbarment, was the correct sanction given his obstruction of an investigation into mortgage fraud and the surrounding circumstances.

Questions Presented

1. What sanction is appropriate for Gardner's misdemeanor obstruction conviction and resulting violation of Georgia Rule of Professional Conduct 8.4(a)(3)?
2. Whether the court should accept Gardner's voluntary surrender of his license rather than impose a suspension.

Disposition

other