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
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
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with the Georgia Bar Association Committee on Attorney Wellness,
Celebrate Recovery, and the Hart Youth Development Resource
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.
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Through its investigation, the Fitness Board determined that
no active grievances or other disciplinary matters against Skelton
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 the Matter of 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
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“[t]he requirement of positive action”).
Upon consideration of the entire record, we likewise conclude
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.
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