In the Matter of Donald Edward Smart

Court Orders Reprimand Via Certified Mail Where Lawyer Had Relocated and Was Unable to Travel to Georgia to Receive Reprimand Due to Inability to Pay Travel Costs

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Per Curiam.On February 19, 2018, this Court issued an opinion ordering that respondent Donald Edward Smart, State Bar No. 653526, receive a Review Panel reprimand for violating Rules 1.1, 1.2, 1.3, and 1.4 of the Georgia Rules of Professional Conduct found in Bar Rule 4-102 (d). See In the Matter of Smart, 303 Ga. 156, 157-158 (810 SE2d 475) (2018).On January 31, 2019, the State Disciplinary Review Board^{^[1]} filed a “Report . . . Regarding Status of Reprimand,” in which it states that it has been unable to administer the reprimand because Smart, who now resides in Connecticut, has informed the Board that he is unable to appear before the Board. According to the Board, Smart has stated that his only reason for failing to appear is his inability to pay for travel expenses to Georgia due to “long-term unemployment and significant health challenges that have prevented [him] from working.”The Board has requested that the Court revisit the previous sanction imposed in this matter “and issue either a short suspension or a letter of admonition (in view of the Respondent’s remote geographic location) so this matter may be concluded.” The State Bar’s Office of General Counsel has not responded to this request. While the Review Board states that Smart has been advised of this request, he has not filed a response in this Court. Finally, the Review Board notes that Smart is currently suspended from the practice of law in Georgia pursuant to Bar Rule 1-501 (b) based upon his failure to pay license fees.Considering all these factors, this Court hereby directs the Review Board to administer its reprimand in this case in writing, sent to Smart via certified mail, return receipt requested. The Review Board is further directed to enclose with such reprimand a copy of this order. Upon return of the certified mail receipt, Smart shall be relieved of his obligation to appear in person before the Review Board, and the Review Board may close this file.

In the Matter of Donald Edward Smart

Court Orders Reprimand Via Certified Mail Where Lawyer Had Relocated and Was Unable to Travel to Georgia to Receive Reprimand Due to Inability to Pay Travel Costs

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