This matter is before the Court on the Report and Recommendation of the Special Master, Richard M. McNeely, who recommends that Respondent John M. B. Lewis IV be disbarred for his violation of Rule 8.4 a 2 of Bar Rule 4-102 d. After a hearing at which Lewis appeared pro se, the Special Master found that on January 5, 2007, Lewis pled guilty to one count of possession of cocaine in the Superior Court of Richmond County, Case No. 05-RCCR-597. Lewis was given first offender treatment and sentenced to five years on probation. At the disciplinary hearing, Lewis argued that his was a victimless crime and asked the special master to utilize his discretion and recommend a punishment less severe than disbarment. We find that disbarment is an unduly harsh sanction in this matter. Lewis has been a member in good standing of the State Bar of Georgia for over 20 years, and, prior to this incident, he had no history of discipline and no criminal record. In addition, Lewis is correct that his conduct did not relate directly to his work for his clients, nor did it involve dishonesty. While Lewis’s crime is a serious one, and he has brought disrepute on the profession by his conduct, disbarment is the maximum penalty for a violation of Rule 8.4 a 2, not the minimum penalty. Moreover, Lewis has already has been suspended from practicing law since January 5, 2007, as a result of a special condition of his guilty plea. We therefore conclude that here, as in In the Matter of Caroway , 279 Ga. 381 613 SE2d 610 2005, a lengthy suspension, not disbarment, is the appropriate sanction.
Accordingly, we hereby order that Lewis be suspended for a minimum additional period of 24 months from the date of this opinion. At the conclusion of this time period, Lewis’s suspension may be lifted only by further order of this Court following his successful participation in the State Bar of Georgia Lawyer Assistance Program as certified to the State Bar by the State Director of the program. Upon obtaining such certification, Lewis may petition the Review Panel for review and recommendation as to whether this Court should lift the suspension. Once the Review Panel has forwarded its recommendation to this Court, we will issue an order lifting or continuing the suspension. Lewis is reminded of his duties under Bar Rule 4-219 c.
