These disciplinary matters are before the Court on the Report and Recommendation of the Review Panel, recommending that Respondent Fred T. Hanzelik State Bar No. 323950 be suspended for six months in S14Y0549 and, in S14Y0550, for an additional 45 days following the six-month suspension as reciprocal discipline for suspensions imposed in Tennessee. The Review Panel also recommends that the suspensions continue until such time as Hanzelik provides proof that he has been reinstated to practice in Tennessee.
S14Y0549. The State Bar filed a notice of reciprocal discipline in this matter, attaching a copy of the October 18, 2012 order of the Supreme Court of Tennessee suspending Hanzelik from the practice of law in Tennessee for a period of one year, with six months to be served with an actual suspension and the remaining six months to be served on probation with a practice monitor, see Bar Rule 9.4 b, found in Bar Rule 4-102 d. Hanzelik’s suspension was based on a petition for voluntary discipline in three separate disciplinary proceedings involving abandonment, failure to communicate and failure to account for fees. Hanzelik acknowledged service of the notice and filed a response. During the time this matter was pending the State Bar filed an additional reciprocal proceeding against Hanzelik, see S14Y0550. In his response filed in the Review Panel, Hanzelik requested a six-month suspension with no probation because Georgia does not have a probation with practice monitor form of discipline. The State Bar recommended a one-year suspension but had no objection to the suspension being retroactive to the date of the Tennessee suspension. The Review Panel reviewed the record and the elements listed in Rule 9.4 b 3 to determine if imposition of a different punishment was required, and concluded that none of the elements are present in this case that would justify a recommendation of discipline different from that imposed in Tennessee. With respect to what discipline would be “substantially similar,” see id., the Review Panel agreed that Georgia does not have a probation form of discipline and noted that in a recent reciprocal discipline case from Tennessee, this Court approved the suspension term without adding time for the probationary period, see In the Matter of Arthur, 291 Ga. 658 732 SE2d 86 2012. Therefore, the Review Panel recommended a six-month suspension in this case. Regarding a retroactive suspension, the Review Panel again noted recent cases from this Court declining to approve retroactive suspension unless the respondent provides proof that he has ceased the practice of law in Georgia during the period of the suspension in the other state, see In the Matter of Hodges, 291 Ga. 830 733 SE2d 775 2012; In the Matter of Sossoman, 290 Ga. 677 725 SE2d 243 2012; In the Matter of Onipede, 288 Ga. 156 702 SE2d 136 2010. The Review Panel found nothing in the record to show that Hanzelik voluntarily stopped practicing law in Georgia while he was suspended in Tennessee, so it declined to recommend a retroactive suspension. Accordingly, the Review Panel recommended a six-month suspension, to continue until such time as Hanzelik provides proof that he has been reinstated to practice law in Tennessee.
