Rand J. Csehy State Bar No. 604410 pled nolo contendere to two counts of possession of controlled substances, OCGA § 16-13-30, and one count of possession of a firearm during the commission of a crime, OCGA § 16-11-106. He was sentenced as a first offender to two years probation each on the drug charges concurrent and five years, suspended, on the firearm charge. Csehy filed a petition for voluntary discipline seeking a one-to-two-year suspension for his admitted violation of Rule 8.4 a 2 of the Georgia Rules of Professional Conduct, see Bar Rule 4-102 d. In his petition, Csehy states that he was personally affected by the 2005 Brian Nichols courtroom shooting and, as a result, turned to alcohol and drugs. He went through rehabilitation in 2009, but in 2011 he was brutally attacked by a former client and suffered severe injuries, after which his addictions reasserted themselves. Csehy always had carried at least one firearm on his person or in his vehicle. In 2012 he made arrangements to bring illegal drugs to a woman he believed he knew, but it was part of a sting operation and Csehy was arrested and charged with several drug and firearm violations. Csehy underwent treatment with a psychiatrist, joined Alcoholics Anonymous, and sought treatment from the State Bar’s Lawyer Assistance Program. As conditions of his probation, Csehy is subject to random drug and alcohol testing. Csehy acknowledges that a violation of Rule 8.4 a 2 may be punished by disbarment, but he notes that it is not an absolute penalty for such actions where there are mitigating circumstances supporting the imposition of a suspension rather than disbarment, see, e.g., In the Matter of Waldrop, 283 Ga. 80 656 SE2d 529 2008 24-month suspension for first offender plea to felony possession of controlled substance; In the Matter of Patteson, 262 Ga. 591 423 SE2d 248 1992 30-month suspension for felony violation of Controlled Substances Act. Csehy sets forth several mitigating factors, which he asserts justify a lesser sanction in his case. He states that he has no prior disciplinary history other than a private reprimand five years ago the State Bar explains that in 2010 Csehy received a Formal Letter of Admonition for violating Rule 1.15 II regarding his IOLTA account or other criminal history, see Patteson, 262 Ga. at 591; his actions caused no harm to his clients or law practice, see Waldrop, 283 Ga. at 80, and he has stopped taking clients and is assisting his existing clients in finding suitable representation; he has displayed a cooperative attitude by voluntarily submitting to counseling, rehabilitation and random drug screening, see Patteson, 262 Ga. at 591, Waldrop, 283 Ga. at 80-81; and he has assumed responsibility for his actions by disclosing his convictions to clients and winding down his practice and is remorseful, as shown by his willingness to submit to rehabilitation programs, see In the Matter of Calhoun, 268 Ga. 877 494 SE2d 335 1998 six-month suspension for pleading guilty to serious injury by vehicle and DUI; Waldrop, 283 Ga. at 81. Csehy points out that a 24-month suspension in the face of multiple convictions is not unprecedented, see In the Matter of Caroway, 279 Ga. 381 613 SE2d 610 2005 drug charges and DUI. Csehy admits that his proposed suspension is shorter than his imposed probation, but again references Caroway and Waldrop for that not being unprecedented in light of extensive mitigating factors.
Despite Csehy’s recitation of these mitigating factors, recent events that have occurred since the filing of Csehy’s petition indicate that he is apparently still representing clients and that his rehabilitation might not have been successful. This Court has received a report indicating that, on September 15, 2014, Csehy appeared in the Superior Court of Cobb County as counsel for a defendant in a jury trial. The trial court noticed that Csehy had bloodshot eyes, was perspiring profusely, and was unable to stand without leaning on something. As a result, the trial court ordered Csehy to submit to immediate drug testing which showed that he had cocaine and amphetamines in his system. Based on the test results, the trial court held Csehy in contempt and had him incarcerated for five days.
