Today,
FYN learned of a State Bar recommendation to proceed to trial against David
Edmund Ralston, Georgia State Speaker of the House.
The
Georgia State Bar has previously filed a Formal Complaint and requested a
Special Master to hear the complaint. A Special Master, in law, being an
authority appointed to make sure judicial orders are followed. In this case,
Attorney Mark Dehler, of Hiawassee, was appointed the responsibility by the
Georgia State Supreme Court.
Under
this complaint Ralston faces charges of 10 counts of violation of State Bar
Rules of Conduct. For more information on these allegations and filings read
our past stories on this topic including David Ralston
Faces Disbarment and Mr. Ralston has
Acknowledged Unintentional Mistakes.
Former
Governor of Georgia, Roy Barnes has filed a Petition of Voluntary Discipline on
behalf of Mr. Ralston stating references to alleged violations and offering
voluntary disciplines to accompany those violations.
The Petition for
Voluntary Discipline
notes that though the document does include admissions of guilt, they are for
the process of arbitration and not admissible in court.
Barnes
answers the ten counts of violation with his own view of the violation and
offers his idea of the most severe appropriate rule of discipline for each
violation. These alleged violations involve a case of one, Mr. Chernak.
In
the Petition Barnes states “There is no clear and convincing evidence of a
violation” in response to eight of the charged counts.
Admission
is given regarding rule 1.8(e) when, as stated, Ralston provided “interest free
advances to the Chernaks in 2010 and 2011,” and 1.15(II)(b) when he comingled
his personal funds with those of clients.
Barnes
goes on to suggest a rule of discipline, or punishment, for these violations.
With regard to Rule 1.8(e), though disbarment would be the most severe possible
punishment, Barnes states the most sever appropriate punishment would be
Admonition under Standard 4.34 as listed in the document on pages 40 and 41.
With
regard to Rule 1.15(II)(b), Barnes states that none of the Sanction Standards
could apply to Ralston’s situation, but on a more general basis, Standard 4.1
Failure to Preserve the Client’s Property could apply. Barnes again suggests
Admonition as the most sever appropriate discipline under Standard 4.14 as
listed in the document on pages 41 and 42.
Both
of these Disciplines would amount to little more than a public “slap on the
wrist” for Ralston.
The
Georgia State Bar wasted no time in their response, saying that the speaker’s petition
was “inaccurate, incomplete, or immaterial.”
Standing
in firm opposition to Ralston’s Petition for Voluntary Discipline, the State
Bar’s Response stated, “the petition fails to contain sufficient information
concerning the admissions of fact and the admissions of conduct, and should be
rejected.”
The
State Bar calls for an evidentiary hearing “where the proof of each party can
be tested”, calling it “essential.”
Now
these two documents will go before the Special Master, Mark Dehler, and he will
either accept the State Bar’s Recommendation and this issue will go to trial,
or he will accept Ralston’s Petition and send a recommendation to the State
Supreme Court for a final decision.
Don’t
miss a much deeper inspection of these documents on Good Morning From The
Office tomorrow, July 16 at 7:00 AM.
Source:http://fetchyournews.com/state-national/state-bar-denies-ralston/
Background
Georgia
House Speaker David Ralston faces possible disbarment and a state Supreme Court
investigation over a former client’s complaint that he ignored his case for
years.
http://www.myajc.com/news/news/state-regional-govt-politics/supreme-court-to-investigate-speaker-david-ralston/ngTGN/#afd7d9d0.3721333.735411
Some of Ralston’s problems stem from a law
the General Assembly passed several years ago that entitles legislators who are
lawyers to get a court delay whenever they wish by telling the judge they are
claiming “legislative leave.” That is a privilege that no other attorney has.
Ralston had a client who was injured in an
auto accident and wanted to file a lawsuit for damages. Ralston took the case,
but instead of going to court he kept claiming legislative leave to delay the
proceedings. The client got angry at the delays and a complaint was filed. The
State Bar contends that Ralston “allowed his interest in being, and his duties
as, a member of the Georgia legislature to adversely affect his representation”
of the client.
Ralston is also alleged to have advanced the
client $22,000, in part by using other clients’ funds. That’s also a serious
charge for a lawyer to face.
This is not the first time Ralston has been
criticized for his use of legislative leave to delay the trial of a case. In
2005, a man named Joey Truelove and his daughter, Hailey Truelove, were killed
in a vehicle crash in Gilmer County. Truelove’s wife, Amanda Mosher, survived
the accident. Authorities subsequently charged a suspect with two counts of
vehicular homicide, but the suspect’s attorney was Ralston. The criminal case
dragged on for more than eight years without going to trial as Ralston
continued to get court delays by claiming legislative leave.
http://flagpole.com/news/capitol-impact/2014/07/02/david-ralston-has-to-choose-between-being-a-lawyer-and-being-speaker-of-the-house
Comments
It looks like Ralston is suffering from
having a “full plate”. He may also have other complaints from other former
clients. The “legislative leave” law needs to be repealed. He should have hired
another attorney to handle the cases he didn’t have time for.
Norb Leahy, Dunwoody GA Tea Party Leader
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