Summary
The Georgia Supreme Court considered Christopher Aaron Corley's petition for voluntary discipline after his felony conviction for first-degree domestic violence in South Carolina. The Court suspended him from practicing law for the greater of two years or the duration of his criminal probation, imposed nunc pro tunc, and conditioned reinstatement on completion of probation, mental-health certification of fitness, and continued treatment.
Topics
Practice areas
Questions Presented
- What disciplinary sanction should be imposed for Corley's felony conviction and resulting violation of Georgia Rule of Professional Conduct 8.4(a)(2)?
- Whether the suspension should be imposed nunc pro tunc to the filing of Corley's voluntary-discipline petition.
- What conditions should govern Corley's reinstatement to the practice of law?
Holdings
- A suspension for the greater of two years or the length of Corley's criminal probation was the appropriate sanction under the circumstances, despite the seriousness of the felony, because of the mitigating factors presented.
- The suspension was properly made nunc pro tunc to October 23, 2017, the date Corley filed his petition for voluntary discipline.
- Before reinstatement, Corley must demonstrate completion of his criminal probation, obtain certification from a board-certified and licensed mental-health professional that he is fit to practice law, and continue receiving mental-health treatment from such a professional.
Key quotations
“Accordingly, we hereby order that Christopher Aaron Corley is suspended from the practice of law in the State of Georgia for a period of time to end at the expiration of two years or at the termination of his criminal probation, whichever is longer, nunc pro tunc to the date of the filing of his petition for voluntary discipline on October 23, 2017.” (811 S.E.2d at 349)
“Corley shall not engage in the practice of law until this Court issues an opinion granting his petition for reinstatement.” (811 S.E.2d at 349)
Factual background
Corley, a Georgia lawyer, pleaded guilty in South Carolina to first-degree domestic violence arising from an incident involving his wife. He received a six-year sentence with the balance suspended and five years of probation. He admitted violating Georgia Rule of Professional Conduct 8.4(a)(2), cited mental-health conditions as mitigation, and represented that he had ceased practicing law. The State Bar and Corley ultimately agreed that a suspension with mental-health and probation-related reinstatement conditions was appropriate.
Procedural history
Corley filed a petition for voluntary discipline after pleading guilty in South Carolina to first-degree domestic violence. The State Bar initially opposed the requested sanction and objected to the absence of reinstatement conditions and to nunc pro tunc treatment. After Corley replied and submitted evidence that he had ceased practicing law, the State Bar recommended a suspension of at least 24 to 36 months with mental-health-related reinstatement conditions and withdrew its objection to nunc pro tunc treatment. The Supreme Court of Georgia imposed a suspension for the greater of two years or the duration of Corley's criminal probation, subject to specified reinstatement conditions.