This disciplinary matter is before the Court on the Report and Recommendation of the Review Panel of the State Bar, recommending that respondent James A. Meaney III State Bar No. 500491 be suspended for three months as substantially similar reciprocal discipline, following his receipt of a suspension in Tennessee. Meaney acknowledged service of the notice of reciprocal discipline, filed pursuant to Rule 9.4 b of the Georgia Rules of Professional Conduct, as set forth in Bar Rule 4 102 d, and filed an objection, to which the Bar responded and supplemented the record with documents from the Tennessee proceedings.
Meaney’s Tennessee suspension was the result of his having continued the practice of law in that state while temporarily suspended from practice in that state for failure to comply with that state’s continuing legal education requirements, failure to pay a professional privilege tax, and failure to respond to the investigation of a disciplinary complaint, with a prior disciplinary infraction serving as a aggravating factor. The Supreme Court of Tennessee ordered that Meaney be suspended for 11 months and 29 days, with three months served as an active suspension and the remainder probated. In addressing Meaney’s exceptions to the notice of reciprocal discipline, the Review Panel concluded that a three month suspension was within the range of authorized discipline and would not be unduly severe, despite Meaney’s assertion that such a suspension would force him to close his practice, and that Meaney’s subsequent compliance with Tennessee practice requirements does not remove the reason for reciprocal discipline, as the Tennessee discipline was imposed as a result of Meaney’s continued practice of law while suspended for failure to comply with the relevant practice requirements. Concluding that Meaney had failed to prove any of the elements, listed in Rule 9.4 b 3, that would justify the imposition of punishment different from that received in Tennessee, the Review Panel recommends that Meaney receive a three month suspension. However, the imposition of identical discipline is not possible here, as Meaney’s Tennessee suspension includes the use of a practice monitor during the probated portion of the suspension, a sanction not provided for by the Georgia Rules. Thus, the Review Panel recommends that Meaney be suspended for three months with his reinstatement to practice here contingent on his reinstatement in Tennessee. In the Matter of Bounds, 294 Ga. 724 755 SE2d 745 2014; In the Matter of Arthur, 291 Ga. 658 732 SE2d 86 2012. Meaney has responded to the Review Panel’s Report and Recommendation, arguing that the recommended punishment is unduly severe.
