In the Matter of Claud L. McIver III ( 2023 )

NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court
Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the
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official text of the opinion.
In the Supreme Court of Georgia
Decided: April 18, 2023
S23Y0621. IN THE MATTER OF CLAUD L. MCIVER III.
PER CURIAM.
This disciplinary matter is before the Court on a petition for
voluntary surrender of license to practice law filed by Claud L.
McIver III (State Bar No. 494125) prior to the issuance of a formal
complaint. See Bar Rule 4-227 (b) (2). On April 23, 2018, following a
jury trial, McIver, who has been a member of the State Bar of
Georgia since 1973, was convicted in the Superior Court of Fulton
County of felony murder based on aggravated assault, possession of
a firearm during the commission of a crime, and influencing a
witness. This Court accepted McIver’s petition for voluntary
suspension of his license pending the outcome of his appeal of those
convictions, suspending him “until further order of this Court,” and
directing him “to notify the State Bar of the final disposition of his
direct appeal.” In the Matter of McIver, 303 Ga. 802, 802 (815 SE2d
53) (2018). Last year, this Court reversed McIver’s convictions of
felony murder and possession of a firearm during the commission of
a crime, but affirmed his conviction of influencing a witness, which
is a felony. McIver v. State, 314 Ga. 109 (875 SE2d 810) (2022); see
OCGA § 16-10-93 (b) (2). In his petition, McIver admits that he has
violated Rule 8.4 (a) (2) (lawyer shall not be convicted of a felony) of
the Georgia Rules of Professional Conduct found in Bar Rule 4-102
(d), the maximum penalty for which is disbarment, and therefore
seeks to voluntarily surrender his license to practice law, which is
tantamount to disbarment. See Georgia Rules of Professional
Conduct Rule 1.0 (s). The State Bar responds that it has no objection
to McIver’s petition.
We have reviewed the record and agree to accept McIver’s
petition for the voluntary surrender of his license, a disposition that
is consistent with prior, similar cases. See In the Matter of Jones,
313 Ga. 571 (871 SE2d 671) (2022) (accepting voluntary surrender
of license for lawyer’s convictions for influencing a witness, violation
of oath by a public officer, and attempted violation of oath by public
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officer); In the Matter of Hill, 302 Ga. 871, 871 (809 SE2d 793) (2018)
(accepting voluntary surrender of license for lawyer’s convictions for
influencing a witness and criminal attempt to suborn perjury).
Accordingly, it is hereby ordered that the name of Claud L. McIver
III be removed from the rolls of persons authorized to practice law
in the State of Georgia. McIver is reminded of his duties pursuant
to Bar Rule 4-219 (b).
Voluntary surrender of license accepted. All the Justices concur,
except Peterson, P. J., not participating, and LaGrua, J., disqualified.
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