In the Matter of Robert B. Richbourg

The Supreme Court rejected an attorney's petition for voluntary discipline in which he requested a 12-month suspension after he pled guilty to two felony counts of false imprisonment.

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This disciplinary matter is before the Court on the Petition for Voluntary Discipline filed by Respondent Robert Bruce Richbourg State Bar No. 604415. Richbourg requests a 12-month suspension for his admitted violation of Rule 8.4 a 2 of the Georgia Rules of Professional Conduct, see Bar Rule 4-102 d. On August 22, 2012, Richbourg pled guilty in the Superior Court of Tift County to two felony counts of false imprisonment in violation of OCGA § 16-5-41. He was sentenced under the First Offender Act to ten years on probation and ordered to pay fees and fines, and to perform 200 hours of community service work. He also is required to attend and undergo alcohol testing and treatment if recommended after evaluation, and for the term of his probation Richbourg may not possess weapons of any nature.

Richbourg acknowledges that a violation of Rule 8.4 a 2 may be punished by disbarment, but relies on In re Ortman, 289 Ga. 130 709 SE2d 784 2011 12-month suspension for violation of Rule 8.4 a 2, in which the Court found that a lesser punishment for a violation of that rule may be appropriate where the circumstances and mitigating factors are sufficient to justify a lesser penalty. Richbourg recites the facts leading to his conviction, which involved an early morning confrontation in the alleyway separating his residence from his neighbor’s, after Richbourg had been drinking alcohol. A truck that appeared suspicious to Richbourg pulled into the alley and as two men one being Richbourg’s neighbor got out of the truck, Richbourg pointed a gun at them and ordered them to the ground. The neighbor tried to tell Richbourg who he was but Richbourg would not listen. Eventually the other man got up and said Richbourg would just have to shoot him because he was going inside the house, and Richbourg withdrew to his property.

In the Matter of Robert B. Richbourg

The Supreme Court rejected an attorney's petition for voluntary discipline in which he requested a 12-month suspension after he pled guilty to two felony counts of false imprisonment.

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