In the Supreme Court of Georgia
Decided: February 1, 2021
S21Z0449. IN THE MATTER OF STEPHEN VINCENT
FITZGERALD, JR.
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 Stephen Vincent Fitzgerald, Jr.
Fitzgerald was originally admitted to the practice of law in 1998 but
voluntarily surrendered his license to practice law in 2011 after
admitting a failure to account for and distribute approximately
$455,000 of funds belonging to third parties, in violation of the
Georgia Rules of Professional Conduct 1.15 (I) and (II), found at Bar
Rule 4-102 (d). See In the Matter of Fitzgerald, 289 Ga. 745 (715
SE2d 135) (2011). Fitzgerald now seeks readmission, and, 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 Fitzgerald’s
application. The application is now before this Court for final
adjudication. See Bar Admissions 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 December 4, 2019, Fitzgerald filed an Application for
Certification of Fitness to Practice Law, in which he took
responsibility for his actions; expressed remorse that his actions
diminished the trust that the general public places in the legal
profession; explained that the conduct that led to the voluntary
surrender of his license was the result of a serious struggle with
substance abuse; and described his efforts to become sober and
maintain his sobriety. He detailed his now close relationship with
his family; his current, stable employment; and his community
service work. In addition to his statement of rehabilitation,
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Fitzgerald submitted letters of recommendation from several
individuals, including attorneys and his therapist, all of whom attest
to Fitzgerald’s integrity and empathy and to his potential to once
again become a productive member of the Bar.
Through its investigation, the Fitness Board determined that
no active grievances or other disciplinary matters against Fitzgerald
are pending before the State Bar and that no restitution was
required to be made to the Client Security Fund.1 In addition, once
notified of Fitzgerald’s intent to seek readmission to the Bar, the
Chief Judge of the Northeastern Judicial Circuit, where Fitzgerald
primarily had practiced, indicated that she had spoken to other
judges in the circuit and that they had no objection to Fitzgerald’s
readmission. Further, another judge in Hall County wrote
separately about Fitzgerald’s participation in the county’s Drug
1 Fitzgerald told the Fitness Board that his financial malfeasance harmed two victims, a title insurance company and a revocable trust. He reported that the title insurance company did not respond to his later inquiries and that he discharged that debt in bankruptcy. He reported that he did not discharge his debt to the trust and now makes monthly payments on it. He said he hoped to increase his payments if readmitted as a licensed attorney.
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Court, reporting that he was convinced that Fitzgerald should be
readmitted to the Bar.2
At an informal conference convened before the Fitness Board,
Fitzgerald acknowledged that he left a “trail of destruction” in the
wake of his addiction and misuse of trust accounts; described his
efforts to remediate the harm his actions caused, detailing
repayment efforts and community service; and reported on the
various steps he has taken to maintain his sobriety since December
2011. After considering Fitzgerald’s testimony and written
submissions, the Fitness Board concluded that he had, by clear and
convincing evidence, carried his burden of demonstrating
rehabilitation. See In re Cason, 249 Ga. 806, 808 (294 SE2d 520)
(1982) (bar admission applicant bears burden to establish
rehabilitation by clear and convincing evidence).
Upon consideration of the entire record, we likewise conclude
that Fitzgerald has shown that he is entitled to be certified as fit to
2 Fitzgerald reports that he successfully completed the Drug Court program in 2013.
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practice law in Georgia. Accordingly, as it appears that Fitzgerald
has satisfied all of the requirements for approval of his application
for certification of fitness, see Rules, Part A, Section 10, this Court
hereby grants Fitzgerald’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,
Fitzgerald 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.
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