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: July 2, 2024
S24Z0940. IN THE MATTER OF CHRISTOPHER MICHAEL
HOWLETTE.
PER CURIAM.
This matter is before the Court on Christopher Michael
Howlette’s 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”). Howlette was originally
admitted to the Bar in 1998 and worked at the Clayton County District
Attorney’s Office from 1998-2000, the Fulton County District
Attorney’s Office from 2000-2001, and Shivers & Associates from 2001-2007. He has worked as a paralegal at Bush & Miller, P.C. since 2008,
and the record shows that his current employer has been satisfied with
his performance and would recommend him for a position of trust.
In 2008, this Court accepted Howlette’s petition for voluntary
surrender of license, which he filed pursuant to Bar Rule 4-227 (b)
prior to the issuance of a formal complaint. In the Matter of Howlette,
283 Ga. 83 (656 SE2d 534) (2008). In the opinion accepting Howlette’s
voluntary surrender of his law license, this Court noted that Howlette
was scheduled to plead guilty to the sale of cocaine, the sale of MDMA,
and the sale of ketamine, and the resulting convictions would
constitute felonies and violations of Rule 8.4 of Bar Rule 4-102 (d). Id.
at 83. The voluntary surrender of Howlette’s license was tantamount
to disbarment. Id. Howlette was sentenced under the First Offender
Act and subsequently completed all requirements of his probation and
was discharged without an adjudication of guilt on May 23, 2016.
Asserting that he has not used illegal drugs since 2007 and that
he has been rehabilitated, Howlette seeks readmission to the State
Bar of Georgia. 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
Howlette’s application. The application is now before this Court for
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final adjudication. See Bar Admission Rules, Part A, Section 10 (e)
(“The Supreme Court shall make the final determination regarding
certification of fitness” of attorneys applying for readmission to the
practice of law).
In connection with his application for readmission, Howlette filed
a Statement of Use, wherein he states that he was introduced to
cocaine in late 2003 or early 2004 which eventually turned into a
dependency upon the drug. However, he states that he sought help
from professionals and has not used drugs since 2007 and that his
“past experiences have helped [him] grow and mature, leading [him]
to a point where [he] can confidently affirm [his] commitment to
responsible behavior.” Howlette also filed a Statement of
Rehabilitation, in accordance with In re Cason, 249 Ga. 806 (294 SE2d
520) (1982), wherein he acknowledged that he “made choices and
engaged in behaviors that were contrary to the values and principles
of the legal profession” which led to his arrest and disbarment.
Howlette states that he has since “undertaken a journey of selfimprovement and personal growth with a strong focus on
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rehabilitation.” Howlette further states that he has been honest with
his family about his prior drug use; continued his studies of legal
ethics and professionalism; joined the finance committee and annual
retreats of his church; started a non-profit soccer organization with
volunteer coaches and coached soccer at South Fulton Middle School
for several years; worked with the Rena Carter Foundation (to disrupt
generational poverty); volunteered with several food banks; and is
currently a board member of the KapEx Foundation, which is a
nonprofit organization that raises money for college scholarships and
promotes diversity and entrepreneurship. Howlette has also
prioritized his mental health by seeking counseling from his Narcotics
Anonymous sponsor, his church clergy, and a life coach to address the
issues that contributed to his past behavior and addiction.
Additionally, in connection with his application, Howlette
submitted letters of recommendation from his life coach and two
attorneys, one of which is his current supervisor. Each
“wholeheartedly” endorses Howlette’s readmission to the Bar. His life
coach states that she has witnessed his “remarkable transformation
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and unwavering commitment to personal growth, recovery, and
community service” since 2008. His supervisor notes that Howlette is
a man with “impeccable character and moral standing in our
community” who has “dedicated countless hours to community service,
non-profit organizations[,] and volunteer activities.” She further
states that Howlette “has demonstrated a level of personal growth,
responsibility, and dedication that would make him a valuable asset
to the legal profession.” A separate attorney attests to Howlette’s
“unwavering commitment to the legal profession and his dedication to
personal growth and rehabilitation.”
As part of its investigation the Fitness Board provided notice and
an opportunity for the State Bar to present relevant information;
provided notice to the bar membership and Chief Judges where
Howlette had practiced; provided newspaper notice to the public in the
area where Howlette had practiced; and sought confirmation from the
Client Security Fund that no restitution was due. See Part A, Section
10 (d) (1)-(4) of the Rules. The Fitness Board received no responses to
the notices filed in the Daily Report and no responses from the Clayton
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or Atlanta Bar Associations or the Chief Judges of the Atlanta or
Clayton Judicial Circuits. The State Bar responded that there were
no grievances pending against Howlette at the time of his disbarment
and that the State Bar had no information regarding Howlette’s
reputation in the Georgia legal community and no knowledge of his
conduct following his disbarment. The Client Security Fund
responded that Howlette owed it no restitution.
The Fitness Board requested Howlette to submit to a random
drug test, which he passed. After receiving the negative drug test from
Howlette, the Fitness Board held an informal conference with him
where he took full responsibility for his past conduct and described his
journey in overcoming his addiction and in reestablishing himself in
the community and as a responsible employee and father. After
considering Howlette’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 granting certification of fitness to Howlette for
readmission. See Cason, 249 Ga. at 808-809 (bar admission applicant
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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 agree that Howlette
has shown that he is entitled to be certified as fit to practice law in
Georgia. Accordingly, as it appears that Howlette 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 Howlette’s application for certification of fitness and orders
that, upon satisfaction of all of the requirements of Part B of the Rules,
including taking and passing the Georgia Bar Examination, Howlette
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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