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In re Johnston

Out-of-state attorney must take Multistate Bar Examination and Georgia's Attorneys' Examination because her voluntarily resignation in the face of pending disciplinary proceedings in another state was a lawyer discipline under Georgia bar admissions rules.

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The Board of Bar Examiners ruled that Ann T. Johnston was not eligible to take the Attorneys’ Examination in Georgia because she had been the subject of professional discipline in the State of New York. The issue on appeal is whether an attorney’s voluntary resignation from a state bar while disciplinary proceedings are pending is a “discipline.” Following the majority rule, we hold that a voluntary resignation in the face of a pending disciplinary proceeding in another state is a “lawyer discipline” under our state’s bar admissions rules. Therefore, we affirm the decision of the Board of Bar Examiners that requires Johnston to take the general bar examination rather than the attorneys’ examination.

The rules of admission to the State Bar of Georgia permit the Board of Bar Examiners to offer an attorneys’ examination to eligible persons. The attorneys’ examination does not include the Multistate Bar Examination, but is composed solely of the essay portion of the Georgia Bar Examination. To be eligible for the attorneys’ examination, a person must have “never been the subject of private or public lawyer discipline of any nature in any United States jurisdiction.”

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