In the Matter of Donald Francis Hawbaker ( 2022 )

In the Supreme Court of Georgia
Decided: May 3, 2022
S22Y0718. IN THE MATTER OF DONALD FRANCIS
HAWBAKER.
PER CURIAM.
This disciplinary matter is before the Court on the report and
recommendation of Special Master LaRae D. Moore, recommending
that the Court accept respondent Donald Francis Hawbaker’s (State
Bar No. 908709) petition for voluntary surrender of his license
following his felony convictions. See Rule 8.4 (a) (2) of the Georgia
Rules of Professional Conduct (“GRPC”) (conviction of a felony is a
violation of the GRPC and the maximum penalty is disbarment),
found in Bar Rule 4-102 (d).
The record shows the following. Hawbaker has been a member
of the State Bar since 2013 and has been a member of the Texas Bar
since 1979. He is currently incarcerated following his July 2, 2021
guilty pleas in the Superior Court of Spalding County to five felony
counts of aggravated assault on a peace officer; he was sentenced on
each count to a term of 20 years, serve 10, with the counts to run
concurrently. The factual basis for the guilty pleas is that deputies
went to Hawbaker’s home on February 4, 2020, to serve an arrest
warrant on him for simple assault and disorderly conduct, but
Hawbaker refused to leave his home and opened fire on the deputies.
Pursuant to the State Bar’s request, this Court appointed a Special
Master, see Bar Rule 4-106, and thereafter, Hawbaker submitted
his petition for voluntary surrender, admitting that by his
convictions he violated GRPC Rule 8.4 (a) (2).
In a thorough report and recommendation, the Special Master
recommended that the Court accept the petition for voluntary
surrender. The special master concluded that allowing an attorney
with such egregious felony convictions to practice law would
seriously erode the public’s confidence in the profession. We agree,
especially given that the evidence in mitigation was insufficient to
justify a lesser penalty. Although Hawbaker cooperated in the
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disciplinary proceeding and had no prior disciplinary record, he did
not acknowledge the wrongful nature of his conduct, express any
remorse for the serious injury that he could have caused, or admit
that he caused serious damage to the legal profession generally. See
In the Matter of Ortman, 289 Ga. 130, 130-131 (709 SE2d 784) (2011)
(Although disbarment is considered the typical level of discipline
imposed in cases involving violent felonies, “we have never
foreclosed the possibility that a lesser punishment than disbarment
might be appropriate where the circumstances and mitigating
factors are sufficient to justify a lesser penalty.” (citations omitted)).
Following the docketing of the record in this Court, neither
party submitted a response. Having reviewed the record, we agree
to accept the Special Master’s recommendation, which is consistent
with prior similar cases. See, e.g., In the Matter of Zeh, 313 Ga. 56(867 SE2d 124) (2021) (accepting petition for voluntary surrender of
license following respondent’s conviction for aggravated assault and
simple assault); In the Matter of Pronk, 281 Ga. 511 (640 SE2d 32)
(2007) (accepting petition for voluntary surrender of license
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following respondent’s conviction for aggravated assault); In the
Matter of Baumhammers, 274 Ga. 760 (559 SE2d 482) (2002)
(accepting petition for voluntary surrender of license following
respondent’s conviction for murder and aggravated assault); In the
Matter of Collins, 263 Ga. 185, 185 (429 SE2d 908) (1993) (conviction
for aggravated assault warranted disbarment). Therefore, we accept
Hawbaker’s petition for voluntary surrender of his license, which is
tantamount to disbarment. See GRPC Rule 1.0 (r).
Accordingly, it is hereby ordered that the name of Donald
Francis Hawbaker be removed from the rolls of persons authorized
to practice law in the State of Georgia. Hawbaker is reminded of his
duties pursuant to Bar Rule 4-219 (b).
Voluntary surrender of license accepted. All the Justices concur.
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