X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Per Curiam.This disciplinary matter is before the Court on the petition for voluntary discipline filed by Matthew Thomas Dale (State Bar No. 787590), pursuant to Bar Rule 4-227 (b). Dale, who became a member of the Bar in 2010, entered a guilty plea on October 6, 2017 to one count of “Peeping Tom,” in violation of OCGA § 16-11-61. The indictment charged him with unlawfully going upon a residential premises of a named individual for the purpose of becoming a peeping tom, at which time he peeped through the windows of the residence and invaded the individual’s privacy. Dale was sentenced, as a first offender, to four years to be served on probation, provided that he complies with the terms of his probation, which include that he pay restitution to the victim in the amount of $1,200, that he perform 40 hours of community service, and that he serve four weekends in jail. The State Bar acknowledges that these three conditions have already been satisfied, and also that Dale has paid a fine and surcharges to the court, and that he pays monthly probation and Georgia Crime Victims Emergency Fund fees of $32. Dale also remains subject to producing specimens as requested to be tested for the presence of drugs and alcohol, and to protective and no-contact orders with respect to the victim and her family, as well as a waiver of his Fourth Amendment rights.By pleading guilty, Dale admitted to the conduct described in the indictment. Dale acknowledges that, by his conduct, he has violated Rule 8.4 (a) (2), for which the maximum sanction is disbarment. By his petition, Dale seeks the imposition of a suspension either for 18 months or until the conclusion of his term of probation, whichever is longer. Dale also agrees he shall be required to demonstrate to the Office of General Counsel that: (a) his probation has terminated; and (b) he continues to receive mental health treatment by his present counselor or a board-certified and licensed mental health professional, who has certified that he is fit to practice law. If the State Bar agrees that these conditions have been met, it will submit a notice of compliance to the Supreme Court of Georgia. Dale agrees he shall not engage in the practice of law until the Court issues an order granting the request for reinstatement.In mitigation, Dale notes his lack of a prior disciplinary record, that he wassuffering from personal and emotional problems at the time of the offense, thathe has made a full and free disclosure to the disciplinary authorities and has beencooperative towards the disciplinary proceedings, that he otherwise has goodcharacter and a reputation for such (demonstrated by the numerous characterletters he attaches to his petition), that he is remorseful and acknowledges thenature of his wrongdoing, and that his conduct was not related to a client or hispractice of law. The record includes numerous letters from individuals who haveknown Dale for a signficant period of time in various roles and settings. Eachof the letters expresses the writer’s opinion that Dale’s conduct represents anaberration in an otherwise commendable life. Some of the writers indicate theyhave personal knowledge that the criminal conduct arose at a time when Dalewas facing a challenging time in his personal and professional life. And someof the writers vouch for the fact that Dale has expressed deep remorse for hisconduct and that they believe he has been rehabilitated. The State Bar agrees thatthe voluntary discipline sought by Dale is an appropriate level of discipline underthe circumstances and in light of the applicable mitigating factors. See Standards9.32 (a). 9.32 (c), 9.32 (e), 9.32 (g), and 9.32 (l), Standards for Imposing LawyerSanctions, American Bar Association Center for Professional Responsibility(1992); see also In the Matter of Jack O. Morse, 266 Ga. 652, 653 (470 SE2d 323) (1966) (this Court relies upon these standards for guidance in determining punishment in disciplinary cases).Although violation of Rule 8.4 (a) (2) authorizes disbarment, a felony conviction does not necessarily demand disbarment where there are mitigating circumstances supporting the imposition of a suspension. In the Matter of Waldrop, 283 Ga. 80, 81 (656 SE2d 529) (2008); In the Matter of Haugabrook, 278 Ga. 721 (606 SE2d 257) (2004). Having reviewed the record, we find that an 18-month suspension with the above-noted conditions on reinstatement is the appropriate sanction in this matter. See In the Matter of Corley, 303 Ga. 290 (811 SE2d 347) (2018); In the Matter of Ortman, 289 Ga. 130 (709 SE2d 784) (2011); In the Matter of Paine, 280 Ga. 208, 210 (625 SE2d 768) (2006).Accordingly, we hereby order that Matthew Thomas Dale is suspendedfrom the practice of law in the State of Georgia for a period of time to end at theexpiration of 18 months or at the termination of his criminal probation, whicheveris longer. At the conclusion of this period, Dale may seek reinstatement bydemonstrating to the State Bar’s Office of General Counsel that he has met theconditions for reinstatement, specifically that his probation has terminated, that a board-certified and licensed mental health professional has certified that he is fit to return to the practice of law, and that he is continuing to receive mental health treatment by a board-certified and licensed mental health professional. If the State Bar agrees that the conditions have been met, it is directed to submit a notice of compliance to this Court, at which time this Court will issue an order granting or denying reinstatement. Dale is reminded of his duties under Bar Rule 4-219 (c).Petition for voluntary discipline accepted. Suspension with conditions for reinstatement. Melton, C. J., Nahmias, P. J., Benham, Hunstein, Blackwell, Boggs, and Peterson, JJ., concur.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›

Join the Mendocino County District Attorney s Office and work in Mendocino County home to redwoods, vineyards and picturesque coastline. ...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›