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In the Matter of W. McCall Calhoun, Jr.

CourtSupreme Court of Georgia
Docket No.S23Y1160
DecidedNovember 7, 2023
Reporter317 Ga. 726; 895 S.E.2d 258; 2023 Ga. LEXIS 239; 2023 LX 145797
JudgesAll the Justices concur.
Tags
CivilAttorney DisciplineConviction-Based DisciplineInterim SuspensionMoral TurpitudeBar Rule 8.4January 6 Capitol Riot
Case Summary

A federal bench trial found Calhoun guilty of felony obstruction of Congress’s certification of the 2020 Electoral College vote and four misdemeanors arising from his entry and conduct at the Capitol on January 6, 2021. While his direct appeal was pending, the State Bar sought his interim suspension. Calhoun argued that a judge’s finding of guilt after a bench trial was not a “conviction” under the Bar Rules, that his conduct would be a misdemeanor under Georgia law, and that his political motives and due-process rights barred suspension. The Supreme Court of Georgia suspended him until the Eleventh Circuit resolves his appeal and the Court orders otherwise. It held that a trial judge’s finding of guilt counts as a “verdict” and conviction under the Bar Rules, even without a jury, and that an out-of-state felony conviction supports discipline under Rule 8.4 (a) (2). The misdemeanor-discipline analysis was premature because the special master did not address moral turpitude or fitness; the felony alone justified interim suspension. The Court rejected his other defenses and held that suspension pending appeal was consistent with due process.

Opinion

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