In the Supreme Court of Georgia
Decided: July 7, 2021
S21Z1090. IN THE MATTER OF JAMES ARCHIE BARNETT.
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 Practice Law in Georgia
(Readmission and Reinstatement), filed by James Archie Barnett.
Barnett, who was originally admitted to the practice of law in
Georgia in 1975, was disbarred in 1998 for four separate matters in
which he was retained to represent clients but subsequently failed
to communicate with them or to provide requested services, which
conduct violated the then-applicable Standard 44 (willful
abandonment or disregard of legal matters to client’s detriment) of
Bar Rules 4-102 (d). Barnett also failed to respond to disciplinary
authorities, in violation of Standard 68. See In the Matter of Barnett, 269 Ga. 365 (496 SE2d 895) (1998). Prior to disbarment, Barnett
had received a Review Panel reprimand and a formal letter of
admonition in 1995 for similar misconduct.
On July 5, 2018, Barnett filed his Application for Certification
of Fitness to Practice Law. The Board to Determine Fitness of Bar
Applicants (the “Fitness Board”) notes that it took Barnett several
years to complete his application, primarily because he did not
comply with requests to provide documentation related to a 2005
DUI conviction until December 2020.1 The Fitness Board also notes
that in 2015, the State Bar received a complaint that Barnett was
engaged in the unauthorized practice of law, but the State Bar’s
investigation of that complaint revealed that Barnett was
erroneously listed on the Fulton County State Court’s website,
where he is currently employed in the clerk’s office, as a “Staff
Attorney”; the website was thereafter corrected, and the State
Bar concluded that Barnett had not engaged in the unauthorized
1 Barnett acknowledges that he pleaded nolo contendere in that DUI case.
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practice of law.
As part of Barnett’s application, he filed a statement of
rehabilitation. In his statement, Barnett acknowledges and
“accept[s] full responsibility” for his errors and misconduct that led
to his disbarment, including the harm he caused to his clients and
the court system; expresses remorse, stating that he is “truly sorry”
for and “deeply regret[s]” his actions; describes his personal life,
work experience, and community service since his disbarment; and
states that he believes that he has been rehabilitated and now has
the character and fitness to be readmitted to the Georgia Bar. More
specifically, Barnett states that following his disbarment, he worked
for several years in positions unrelated to the law. He married his
wife in 1999. In 2003, the State Court of Fulton County hired
Barnett as a pretrial interviewer, and in 2005, he became a case
manager and clerk in that court – a position he still holds. He has
also served in different capacities in the Adams Park Tennis
Association, the United Liberian Relief Committee, and Higher
Ground Empowerment Church. He also volunteered in a community
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project that aids marginalized and homeless men with labor skills,
musical talent, and artistic ambitions. Barnett further explains the
circumstances of the conduct that led to his disbarment,
acknowledging that procedures that he utilized during his law
practice, as well as problems in his personal life, including a divorce
and financial hardship, led to difficulties, including instances in
which he “was retained to represent a client but subsequently failed
to communicate with the client and . . . provide the requested
service.” Barnett also provided numerous letters in support of his
application commending him on his community service work,
integrity, and candor regarding the circumstances surrounding his
disbarment. Those letters include letters from judges on the United
States District Court for the Northern District of Georgia, the
Municipal Court for the Circuit of Atlanta, and the Magistrate Court
of Fulton County.
The Fitness Board provided notice to the State Bar of Georgia
and to the bar membership and chief judge of the Atlanta Judicial
Circuit; provided newspaper notice to the public in the area where
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Barnett 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 State Bar responded that there were no
open matters pending against Barnett, that no grievances or
complaints pending against him at the time of his disbarment, and
that no post-disbarment grievances had been filed against him. The
State Bar further stated that it had no information regarding
Barnett’s reputation in the Georgia legal community and no
knowledge of his conduct following his disbarment. A response was
also received from a senior judge of the Atlanta Judicial Circuit
supporting Barnett’s application and stating that the judge
recommends “without reservation” that Barnett “be reinstated in
the State Bar of Georgia.” The Client Security Fund responded that
it paid no monies on claims filed against Barnett and that he owed
no restitution.
After considering the matter at its meeting on April 8, 2021,
the Fitness Board unanimously voted to recommend certification of
fitness to Barnett for readmission, and issued its report making that
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recommendation on May 20, 2021. On May 21, 2021, the Fitness
Board filed its report and the record with this Court so that we could
make the final determination regarding Barnett’s certification of
fitness as required by Part A, Section 10 (e) of the Rules.
Based on the record in this case, we conclude that Barnett has
demonstrated by clear and convincing evidence that he is entitled to
be certified as fit to practice law in Georgia, see In re Cason, 249 Ga.
806, 808 (294 SE2d 520) (1982), and we therefore agree with the
Fitness Board’s recommendation. Further, it appears that Barnett
has met the procedural requirements of Part A, Section 10 for
approval of his application for certification of fitness. Accordingly,
this Court hereby grants Barnett’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, Barnett may be reinstated as an attorney licensed to
practice law in the State of Georgia.
Certification of fitness for readmission granted. Nahmias, C. J., Boggs, P. J., and Peterson, Warren, Bethel, Ellington, McMillian, and LaGrua, JJ., concur.
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