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: August 9, 2022
S22Y1311. IN THE MATTER OF JOHN CARL HUBER.
PER CURIAM.
This disciplinary matter is before the Court on John Carl
Huber’s (State Bar No. 125360) petition seeking an order of interim
suspension of his license pending an appeal of his criminal
convictions pursuant to Bar Rule 4-106 (f), filed before the
appointment of a Special Master, see Bar Rule 4-106 (a). Huber,
who has been a member of the State Bar since 2013, admits that on
March 1, 2022, he was convicted of 11 counts of a 13-count
indictment in the Superior Court of Hall County and was sentenced
for a total of 30 years with the first two years to be served in
confinement. Because a number of his convictions, including but not
limited to aggravated assault, burglary in the first degree, and
aggravated stalking, are felonies, they result in a violation of Rule
8.4 (a) (2) of Bar Rule 4-102 (d). The maximum penalty for a
violation of Rule 8.4 (a) (2) is disbarment.
Huber states that he filed his Notice of Appeal of his
convictions and sentences on March 28, 2022. He further states that
he has not practiced law in the State since May 12, 2021, the date
he was arrested for the alleged conduct that resulted in his
subsequent indictment, convictions, and sentences as set forth
above. He also states that he has complied with the provisions of
Rule 9.2 (a) (2) by reporting the above-referenced convictions to the
State Bar within 60 days, and he recognizes that under Bar Rule 4-106, he should be suspended from the practice of law pending
resolution of the appeal of his convictions and thereafter until
further order of this Court. Finally, he states that he will notify the
State Bar of the final disposition of his direct appeal within ten days
of that disposition.
The State Bar has filed a response, agreeing that an interim
suspension is appropriate, so long as: (1) it remains in place only
until resolution of the direct appeal and will not remain in place for
2
any other appeals or collateral attacks upon the convictions; (2)
Huber is required to notify the State Bar of the final disposition of
the direct appeal within ten days of that disposition; and (3) upon
the final disposition of the direct appeal, the State Bar may proceed
as provided in Bar Rule 4-106. See In the Matter of Otuonye, 302
Ga. 374 (806 SE2d 524) (2017).
Having reviewed Huber’s petition and the State Bar’s
response, we agree that the petition should be accepted. See In the
Matter of Rachel, 297 Ga. 279 (773 SE2d 246) (2015) (accepting
petition seeking voluntary suspension of license pending outcome of
appeal of criminal conviction). See also In the Matter of Swank, 288
Ga. 479 (704 SE2d 807) (2011) (accepting petition for interim
suspension during pendency of criminal charges). Accordingly, it is
hereby ordered that John Carl Huber be suspended from the
practice of law in this State pending his direct appeal and until
further order of this Court. He is also ordered to notify the State
Bar’s Office of General Counsel in writing within 10 days of the final
disposition of his direct appeal, and he is further ordered to comply
3
with the notification and other requirements of Bar Rule 4-219 (b).
Petition for interim suspension accepted. Suspension until
further order of this Court. All the Justices concur.
4