In the Matter of Oksana Klymovych

Summary

The Supreme Court of Georgia holds that a special master abused his discretion by refusing to open an attorney’s default in a disciplinary proceeding. Because the attorney had actively participated in the disciplinary process, provided substantive information, and offered an explanation for her untimely answer, the Court emphasizes the preference for deciding disciplinary matters on their merits. The Court reverses the order denying the motion to open default, vacates in part, and remands for proceedings addressing the merits.

Holdings

1. Under the particular circumstances, the special master abused his discretion in refusing to open default because Klymovych actively participated in and cooperated with the disciplinary process, her failure to timely answer could be viewed as an honest misunderstanding rather than willful or gross negligence, and the State Bar showed no harm or prejudice from opening default.
2. The matter must be remanded to the special master to decide the merits of the disciplinary case in accordance with the applicable rules and law; the Supreme Court did not determine whether Klymovych's defenses would ultimately be meritorious.

Questions Presented

1. Whether the special master abused his discretion by refusing to open default in an attorney disciplinary proceeding where the respondent had cooperated with the State Bar, participated in the proceedings, and asserted that the failure to file a timely answer resulted from an honest misunderstanding.
2. Whether the case should be remanded for determination of the charged disciplinary violations on the merits rather than resolved by default.

Disposition

reversed_and_remanded