In the Matter of Nakata S. S. Fitch

This disciplinary matter is before the Court on the Report and Recommendation of Special Master Tina Shadix Roddenbery, who recommends that this Court accept the petition for voluntary discipline of Nakata S. Smith Fitch State Bar No. 262068, filed pursuant to Bar Rule 4 227 c, after the issuance of a formal complaint, in which she requests a six month suspension. This matter was previously before the Court on Smith Fitch’s petition for voluntary discipline, see In the Matter of Smith Fitch, 295 Ga. 756 763 SE2d 873 2014, but this Court rejected the petition because, given Smith Fitch’s failure to comply with the conditions for reinstatement imposed by this Court in connection with a previously imposed suspension, see In the Matter of Smith Fitch, 289 Ga. 253 710 SE2d 563 2011, the suspension, originally for one year, was still ongoing, so the proposed “additional” discipline in that petition was not truly a sanction. The Special Master notes that Smith Fitch cannot complete the Law Practice Management Program assessment required by her 2011 suspension until she is reinstated and she cannot be reinstated as to the 2011 suspension until this disciplinary matter is resolved.

As set forth in this Court’s 2014 opinion,