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In re Johnston

The state bar is directed to amend its rules regarding the confidentiality of bar admissions records, because those rules conflict with the public's right to access decisions involving bar applicants' appeals from adverse bar admissions rulings.

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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 first 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.

A second issue in this case is whether the rules of the State Bar of Georgia require this Court to keep confidential the names of parties who file an appeal in bar admissions cases. Because public access to the decisions of this Court is essential to our role in establishing and interpreting the law, we conclude that the state bar rules do not prohibit us from identifying the parties by name in published opinions.

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