In the Matter of Warner R. Hodges

This disciplinary matter is before the Court on the report and recommendation of the Review Panel, which recommends that Warner Russell Hodges State Bar No. 110209 be suspended for 60 days as reciprocal discipline for his suspension in Tennessee. The State Bar filed a notice of reciprocal discipline and attached a certified copy of the Order of Enforcement issued by the Supreme Court of Tennessee. Rule 9.4 b, as amended, of the Georgia Rules of Professional Conduct, Bar Rule 4-102 d. The record shows that Hodges was found to have violated Tennessee Rules of Professional Conduct 3.3, 4.1, 5.5, and 8.4 by undertaking to represent a client in a Tennessee divorce proceeding while his Tennessee law license was inactive. Hodges thereby held himself out as authorized to practice law in Tennessee when, in fact, he was not. The Tennessee Supreme Court imposed a 60-day suspension.

Hodges filed exceptions with the Review Panel, in which he detailed the circumstances surrounding his violations of the Tennessee Rules, and in which he contended that lesser discipline than that imposed by Tennessee was appropriate, citing Rule 9.4 b 3 iv and vi. Hodges also requested in the alternative that any suspension in Georgia be imposed retroactive to the date of his suspension in Tennessee, June 23, 2011. The Review Panel concluded that Hodges had failed to show under Rule 9.4 b 3 that lesser discipline than that imposed by Tennessee was appropriate, and so it recommended a 60-day suspension as reciprocal discipline. The Review Panel did, however, recommend that the 60-day suspension be retroactive to June 23, 2011. Neither party has filed exceptions in this Court.