CourtListener 10680040

Texte intégral

317 Ga. 280
FINAL COPY

S23Z1032. IN THE MATTER OF SAMUEL ELIAS SKELTON.

PER CURIAM.

This matter is before the Court on the Application for

Certification of Fitness to Practice Law pursuant to Part A, Section

10 of the Rules Governing Admission to the Practice of Law in

Georgia (the “Rules”), submitted by Samuel Elias Skelton. Skelton

was originally admitted to the practice of law in 2009 but voluntarily

surrendered his license to practice law in 2017 after pleading guilty

under the First Offender Act, see OCGA § 42-8-60, to 21 counts of

theft by taking, in violation of the Georgia Rules of Professional

Conduct 8.4 (a) (2), found at Bar Rule 4-102 (d). See In the Matter of

Skelton, 300 Ga. 866 (800 SE2d 514) (2017). Skelton successfully

completed his sentence, and the trial court entered an order of

discharge in December 2021. Skelton asserts that his guilty plea was

related to his struggles with mental health and addiction, and he

maintains that he has been rehabilitated and now seeks
readmission. Following review of his application and his appearance

at an informal conference, the Board to Determine Fitness of Bar

Applicants (the “Fitness Board”) voted to recommend granting

Skelton’s application. The application is now before this Court for

final adjudication. See Bar Admission Rules, Part A, Section 10 (e)

(“[t]he Supreme Court shall make the final determination regarding

certification of fitness” of attorneys applying for readmission to the

practice of law).

On July 13, 2022, Skelton filed his application, in which he

accepted responsibility for his actions; explained that the conduct

that led to the voluntary surrender of his license was the result of a

serious struggle with mental health and substance abuse; and

described his efforts to improve his mental health and to become

sober and maintain his sobriety. He detailed his close relationship

with his wife and three young children; his current, stable

employment; and his community service work, including his work

with the Georgia Bar Association Committee on Attorney Wellness,

Celebrate Recovery, and the Hart Youth Development Resource

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Association (the “Association”). As part of Skelton’s work with the

Committee on Attorney Wellness, he published wellness articles in

the Georgia Bar Journal, including one which detailed how Skelton’s

struggles with his mental health and addiction led to losing his Bar

license and incarceration and what members of the Bar can do to

help friends and colleagues with similar struggles. Skelton also

submitted 40 letters of recommendation from lawyers—including

from former and current colleagues and employers, former opposing

counsels, a county solicitor general, a retired judge, and lawyers who

have struggled with mental health and addiction—and non-lawyers

who know Skelton through his work with the Committee on

Attorney Wellness, Celebrate Recovery, and the Association, all of

whom attest to Skelton’s potential to once again become a productive

member of the Bar and many of whom attest to Skelton’s work to

help lawyers and others who have struggled with addiction to

achieve and maintain their own sobriety.

Through its investigation, the Fitness Board determined that

no active grievances or other disciplinary matters against Skelton

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are pending before the Bar and that no restitution was required to

be made to the Client Security Fund. At an informal conference

convened before the Fitness Board, Skelton took full responsibility

for his actions and made no excuses; expressed remorse for his

actions; described his descent into addiction and the cycle of

destructive behavior that led to his incarceration; and described in

detail his path to recovery and maintaining his sobriety following

his incarceration. After considering Skelton’s testimony and written

submissions, the Fitness Board concluded that he had, by clear and

convincing evidence, carried his burden of demonstrating

rehabilitation and recommended that he be readmitted to the Bar.

See In re Cason, 249 Ga. 806, 808-809 (294 SE2d 520) (1982) (bar

admission applicant bears burden to establish rehabilitation by

clear and convincing evidence, and “rehabilitation is the

reestablishment of the reputation of a person by his or her

restoration to a useful and constructive place in society,” including

“[t]he requirement of positive action”).

Upon consideration of the entire record, we likewise conclude

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that Skelton has shown that he is entitled to be certified as fit to

practice law in Georgia. Accordingly, as it appears that Skelton has

satisfied all of the requirements for approval of his application for

certification of fitness, see Bar Admission Rules, Part A, Section 10,

this Court hereby grants Skelton’s application for certification of

fitness and orders that, upon satisfaction of all the requirements of

Part B of the Rules, including taking and passing the Georgia Bar

Examination, Skelton may be readmitted as an attorney licensed to

practice law in the State of Georgia.

Certification of fitness for readmission granted. All the Justices
concur.

Decided September 6, 2023.

Certification of fitness to practice law.

John A. Earles, Rebecca S. Mick, for Office of Bar Admissions.

Christopher M. Carr, Attorney General, Russell D. Willard,

Senior Assistant Attorney General, for Board to Determine Fitness

of Bar Applicants.

NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court
Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the
opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any
prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and
official text of the opinion.
In the Supreme Court of Georgia

Decided: September 6, 2023