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Georgia Ports Auth. v. Harris

The 19-year-old blanket disqualification rule for lawyer-legislators who represent clients in civil actions against the state is overruled in favor of an ad hoc conflicts of interest standard.

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We granted certiorari in this case to determine whether the Court of Appeals correctly concluded that the ante litem notice sent by appellee William Harris via Federal Express to appellant Georgia Ports Authority complied with the delivery and receipt requirements in OCGA § 50-21-26 a 2. Georgia Ports Auth. v. Harris, 243 Ga. App. 508 1 b 533 SE2d 404 2000. Finding no error in that ruling, we affirm.

1. As an initial matter, we address the motion filed by GPA to disqualify Thomas C. Bordeaux, Jr., counsel for Harris, on the basis that Mr. Bordeaux’s membership in the Georgia House of Representatives, representing District 151, creates a conflict of interest requiring his disqualification. Georgia Dept. of Human Services v. Sistrunk, 249 Ga. 543 291 SE2d 524 1982. In response to the motion, Representative Bordeaux promptly informed the Court that he will abide by our decision and that if an impermissible conflict is found, he will immediately correct the situation by waiving his fee. See Georgia State Bd. of Pharmacy v. Lovvorn, 255 Ga. 259 336 SE2d 238 1985. However, he urges the Court to reconsider our holding in Sistrunk, supra, in which the majority held that “the Georgia Constitution prohibits a legislator from representing a client, for his own financial gain, in any civil transaction or matter wherein the State of Georgia shall be an opposing party.” Id. at 547. We agree that such reconsideration is appropriate.

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