This disciplinary matter is before the Court on the Report and Recommendation of the Special Master filed pursuant to Bar Rule 4-106 e and recommending that Respondent Larry W. Threlkeld be disbarred for his violation of Standard 66 conviction of any felony or misdemeanor involving moral turpitude shall be grounds for disbarment of Bar Rule 4-102 d. Threlkeld pled guilty to public indecency, a violation of OCGA § 16-6-8, and was sentenced in July 2000. The State Bar filed a “Petition for Appointment of Special Master Under Bar Rule 4-106″ seeking Threlkeld’s disbarment; Threlkeld was served with the Petition; and a show cause hearing was convened by the special master. On October 31, 2000, the State Bar filed the special master’s report with this Court and, pursuant to Bar Rule 4-106 e, upon that filing, this Court is empowered to order such discipline as deemed appropriate.
A review of the record establishes that on September 29, 1998, Threlkeld went to the Marietta Regional Youth Detention Center to visit his 17-year-old client who was detained at the Center on a juvenile probation revocation. Threlkeld was representing the client on the revocation matter and had represented the client and his mother on prior occasions and, in approximately February 1997, had invited the client, the client’s mother, who was without a job, and the client’s other siblings to stay in his house. At the time of the incident, the client’s mother and sister were still living in Threlkeld’s house. On the date in question, the client’s mother asked Threlkeld to check on the client, who had been diagnosed that day by a Center nurse as having a hernia. In spite of the diagnosis, the client’s probation officer had refused to delay his transfer to a boot camp facility scheduled for the next day. Threlkeld met with the client in a holding cell used for attorney visitation. The cell, which was located in a high traffic area, had windows and a visible closed circuit television camera connected to monitors in both a central room and the Center director’s office. The director observed Threlkeld massaging his client’s penis and went to the holding cell whereupon Threlkeld and the client were placed in separate locations. Although Threlkeld claimed that he could not remember the incident due to his having low blood sugar and not having eaten, the director testified that Threlkeld, who ate at the Center subsequent to the incident, was in full control of his faculties both before and after he ate.
