in the Matter of Jarlath Robert MacKenna ( 2016 )

In the Supreme Court of Georgia
Decided: April 4, 2016
S15Y1898. IN THE MATTER OF JARLATH ROBERT MACKENNA.
PER CURIAM.
This disciplinary matter is before the Court on a Notice of Discipline
seeking the disbarment of Jarlath Robert MacKenna (State Bar No. 136109).
The State Bar attempted to serve the Notice of Discipline personally on
MacKenna at the address listed with the State Bar. When the sheriff filed a
return of service non est inventus, the State Bar properly served MacKenna by
publication pursuant to Bar Rule 4-203.1 (b) (3) (ii). Having failed to file a
Notice of Rejection, MacKenna is in default, has waived his rights to an
evidentiary hearing, and is subject to such discipline and further proceedings as
may be determined by this Court, see Bar Rule 4-208.1 (b).
The facts, as deemed admitted by MacKenna’s default, show that on
November 4, 2013 MacKenna was suspended from the practice of law for 18
months, and has not been reinstated, see In the Matter of MacKenna, 294 Ga. 72
(751 SE2d 98) (2013). Notwithstanding his suspension, MacKenna represented
two clients and, instead of informing the first one that he had been suspended
and could not represent her, he simply did not appear for a hearing in the case.
Rather than informing the second client of his suspension and properly
withdrawing from her case, MacKenna continued to represent her. After
MacKenna failed to file a sworn response to the Notice of Investigation, the
Investigative Panel filed this Notice of Discipline charging MacKenna with
violating Rules 1.16 (d), 5.5 (a), and 9.3 of the Georgia Rules of Professional
Conduct, see Bar Rule 4-102 (d). A violation of Rule 5.5 may be punished by
disbarment.
We have reviewed the record and agree with the State Bar that disbarment
is the appropriate sanction in this case. Therefore, we hereby order that the
name of Jarlath Robert MacKenna be removed from the rolls of persons
authorized to practice law in the State of Georgia. MacKenna is reminded of his
duties under Bar Rule 4-219 (c).
Disbarred. All the Justices concur.
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