In the Matter of Jack O. Morse, 456 S.E.2d 52 (Ga. 1995). · Go Syfert
In the Matter of Jack O. Morse, 456 S.E.2d 52 (Ga. 1995). Cases Citing This Book View Copy Cite
133 citation events (109 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Cited for
265 Ga. at 354 Determining appropriate sanction considering misconduct factors25 citing cases“in disciplinary proceedings, this court owes no deference to the review panel's conclusions of law. whether an attorney has violated a particular standard of conduct is a legal question.”4 citing courts quote it
  • In the Matter of Nevada Michael Tuggle, 892 S.E.2d 761 (Ga. 2023).published 10 cites
    ([w]hether an attorney has violated a particular standard of conduct is a legal question)
  • In re Woodham, 769 S.E.2d 353 (Ga. 2015).published 4 cites
    (In disciplinary proceedings, this court owes no deference to the review panel’s conclusions of law. Whether an attorney has violated a particular standard of conduct is a legal question.)
  • In the Matter of Matthew Jason Anderson, 930 S.E.2d 500 (Ga. 2026).published
    (disciplinary authority should consider (a) the duty violated, (b) the lawyer’s mental state, (c) the potential or actual injury caused by the misconduct, and (d) aggravating and mitigating factors)
  • In the Matter of Christopher Casey Taylor (six Cases), 924 S.E.2d 762 (Ga. 2025).published
    (to determine the appropriate level of discipline, disciplinary authority considers the duty violated; the lawyer’s mental state; the potential or actual resulting injury; and aggravating or mitigating factors)
  • In the Matter of Brian Joel Aplin (two Cases), 922 S.E.2d 777 (Ga. 2025).published
    (disciplinary authority should consider (a) the duty violated, (b) the lawyer’s mental state, (c) the potential or actual injury caused by the misconduct, and (d) aggravating and mitigating factors)
  • In the Matter of Deborah Lynn Haklin, 915 S.E.2d 634 (Ga. 2025).published 2 cites
    After citing the American Bar Association Standards for Imposing Lawyer Sanctions (“ABA Standards”), see In the Matter of Morse, 265 Ga. 353, 354 ( 456 SE2d 52 ) (1995) (disciplinary authority should consider (a) the duty violated, (b) the…
  • In the Matter of Ephraim L. Michael, 902 S.E.2d 580 (Ga. 2024).published 2 cites
    (disciplinary authority should consider (a) the duty violated, (b) the lawyer’s mental state, (c) the potential or actual injury caused by the misconduct, and (d) aggravating and mitigating factors)
  • In the Matter of Christopher Ryan Breault, 897 S.E.2d 385 (Ga. 2024).published 8 cites
    Ultimately, “the level of punishment imposed rests in the sound discretion of this Court.” Cook, 311 Ga. at 213 (3) (a). 23 (a) ABA Standards To properly determine the appropriate sanction for attorney discipline, the Special Master “shoul…
  • In the Matter of Timothy Walter Boyd, 849 S.E.2d 172 (Ga. 2020).published
    In recognition of this Court’s reliance on the American Bar Association’s Standards for Imposing Lawyer Sanctions, see In the Matter of Morse, 265 Ga. 353, 354 ( 456 SE2d 52 ) (1995), the special master considered potential factors in aggr…
  • In re Jordan, 823 S.E.2d 257 (Ga. 2019).published
    The special master recognized that this Court relies on the American Bar Associations Standards for Imposing Lawyer Sanctions for general guidance in determining the appropriate level of discipline, see In the Matter of Morse, 265 Ga. 353,…
Show 15 more citing cases
  • In the Matter of Melody Yvonne Cherry, 304 Ga. 836 (2019).published
    Aware that this Court looks to the American Bar Association’s Standards for Imposing Lawyer Sanctions for guidance in determining the appropriate sanction to impose, see In the Matter of Morse, 265 Ga. 353, 354 ( 456 SE2d 52 ) (1995), the…
  • In re Hemmann, 820 S.E.2d 671 (Ga. 2018).published
    The special master recognized that this Court relies on the American Bar Association’s Standards for Imposing Lawyer Sanctions for general guidance in determining the appropriate level of discipline, see In the Matter of Morse, 265 Ga. 353…
  • In re Burton, 553 S.E.2d 579 (Ga. 2001).published 2 cites
    In the Matter of Morse, supra at 353-354 (1). 2.
  • Matter of Freeman, 506 S.E.2d 872 (Ga. 1998).published 2 cites
    Morse, 265 Ga. 353, 354 (2), 456 S.E.2d 52 (1995).
  • In re Acree, 495 S.E.2d 293 (Ga. 1998).published
    Morse, 265 Ga. 353, 354 (2) ( 456 SE2d 52 ) (1995).
  • Matter of Washburn, 464 S.E.2d 192 (Ga. 1995).published 2 cites
    In the Matter of Morse, 265 Ga. 353, 354 (2), 456 S.E.2d 52 (1995).
  • In the Matter of Michael Frederick Greene, 910 S.E.2d 227 (Ga. 2024).published 4 cites
    See In the Matter of Morse, 265 Ga. 353, 354 (2) ( 456 SE2d 52 ) (1995), superseded by rule on other grounds as stated in In the Matter of Cook, 311 Ga. 206, 214-215 (1) ( 857 SE2d 212 ) (2021).
  • In the Matter of Timothy Orman Mccalep (two Cases), 897 S.E.2d 846 (Ga. 2024).published 4 cites
    See In the Matter of Morse, 265 Ga. 353, 354 ( 456 SE2d 52 ) (1995), superseded by Rule on other grounds as stated in In the Matter of Cook, 311 Ga. 206, 214-215 ( 857 SE2d 212 ) (2021).
  • In the Matter of Derric Crowther (two Cases), 897 S.E.2d 448 (Ga. 2024).published 4 cites
    See In the Matter of Morse, 265 Ga. 353, 354 (456 SE2d 52) (1995). i. Duties Violated The Special Master noted that, in connection with SDBD No. 7390, she considered only the duties Crowther violated after the 2013 grievance was dismissed,…
  • In the Matter of Sharon L. Barksdale, 897 S.E.2d 415 (Ga. 2024).published 4 cites
    See In the Matter of Morse, 265 Ga. 353, 354 (2) (456 SE2d 52) (1995).
  • In the Matter of Ryan Curtis Cleveland (two Cases), 893 S.E.2d 692 (Ga. 2023).published 4 cites
    See In the Matter of Morse, 265 Ga. 353, 354 (456 SE2d 52) (1995), superseded by Rule on other grounds as stated in In the Matter of Cook, 311 Ga. 206, 214-215 (857 SE2d 212) (2021).
  • In the Matter of Phillip Norman Golub, 872 S.E.2d 699 (Ga. 2022).published 4 cites
    See In the Matter of Morse, 265 Ga. 353, 354 (456 SE2d 52) (1995), overruled on other grounds by In the Matter of Cook, 311 Ga. 206, 214-215 (857 SE2d 212) (2021). 15 The Special Master stated that in imposing a sanction after determining…
  • In re Hunt, 820 S.E.2d 716 (Ga. 2018).published 4 cites
    See In the Matter of Morse, 265 Ga. 353, 354 ( 456 SE2d 52 ) (1995) (Morse I); In the Matter of Morse, 266 Ga. 652, 653 ( 470 SE2d 232 ) (1996) (Morse II).
  • In re Briley-Holmes, 815 S.E.2d 59 (Ga. 2018).published 6 cites
    See In the Matter of Morse, 265 Ga. 353, 354 ( 456 SE2d 52 ) (1995).
  • In the Matter of Evelyn Proctor, 872 S.E.2d 691 (Ga. 2022).published 4 cites
    (this Court looks to ABA Standards for guidance in determining appropriate sanction to impose)
265 Ga. at 353 “this court is bound by the review panel's findings of fact when there is 'any evidence' to support them.”3 citing cases3 citing courts quote it
  • In re Burton, 553 S.E.2d 579 (Ga. 2001).published 2 cites
    In the Matter of Morse, supra at 353-354 (1). 2.
  • In re Ellison, 627 S.E.2d 25 (Ga. 2006).published
  • In re Perry, 622 S.E.2d 334 (Ga. 2005).published
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
In the Matter of Jack O. Morse
S95Y0168.
Supreme Court of Georgia.
Apr 24, 1995.
Published opinion
456 S.E.2d 52
1995 Ga. LEXIS 185
William P. Smith III, General Counsel State Bar, Carol C. Hinrichs, Assistant General Counsel State Bar, for State Bar of Georgia., James E. Spence, for Morse.
Per Curiam.
Cited by 47 opinions  |  Published
2 passages pin-cited by 4 cases
Citer courts: Supreme Court of Georgia (5)
Per curiam.

The review panel of the State Disciplinary Board of the State Bar of Georgia recommends that Jack O. Morse receive a public reprimand for violations of Standards 4 and 22 of State Bar Rule 4-102. Because we conclude that Morse also violated Standard 45, we remand to the review panel for a reconsideration of its proposed punishment.

The State Bar brought four separate complaints against Morse for violations of Standards 4 (engaging in professional conduct that involves dishonesty, fraud, deceit, or wilful misrepresentation), 22 (b) (withdrawal from employment), and 45 (knowingly making a false statement of fact and settling a claim without authority). The special master found that Morse violated Standard 22 (b) when he failed for ten months to give former client Treasea Herrin the file concerning her personal injury claim, but did not recommend a level of discipline. The review panel agreed that Morse violated Standard 22 (b) when he failed to release Herrin’s file or withdraw his attorney’s lien. The review panel also found that Morse violated Standard 4 in handling client Willie L. Conley’s workers’ compensation claim by signing a settlement agreement stating that he had explained its legal effect to his client, when he had not, and by signing a second settlement agreement stating that he had read the agreement to his client and witnessed the client signing it, when Morse admitted that he did not explain the agreement when Conley signed it or witness its signing. The review panel did not find a violation of Standard 45 in Conley’s case or any violation in the third case. The fourth complaint was dismissed when the complainant failed to appear.

1. This court is bound by the review panel’s findings of fact when there is “any evidence” to support them. See Rule 4-219 (a). In applying this standard, we review the evidence in the light most favorable to the review panel’s findings; if the review panel has made no independent findings of fact or adopted the special master’s findings, we review the evidence in the light most favorable to the special master’s findings. Because the record supports the review panel’s findings con[*354] cerning the credibility of witnesses, we accept its findings of fact in all three cases.

Decided April 24, 1995. William P. Smith III, General Counsel State Bar, Carol C. Hinrichs, Assistant General Counsel State Bar, for State Bar of Georgia. James E. Spence, for Morse.

In disciplinary proceedings, this court owes no deference to the review panel’s conclusions of law. Whether an attorney has violated a particular standard of conduct is a legal question. Although we agree with the review panel’s legal conclusion that Morse did not violate Standards 4 and 45 in the third case because of the special master’s credibility findings, which the panel adopted, we disagree with its conclusion that Morse violated only Standard 4 in the Conley case. Applying the law to the facts in that case, we conclude that Morse also violated Standard 45 by knowingly making a false statement that he had witnessed Conley sign a settlement agreement when he did not and, in fact, Conley never signed it.

2. Because the review panel did not determine that Morse had violated Standard 45, we remand for it to consider the proper punishment based on Morse’s violation of the three standards. In determining the appropriate sanction to impose, the review panel should look to the American Bar Association’s standards for guidance. See ABA Standards for Imposing Lawyer Sanctions (1991). Thus, the review panel should consider “(a) the duty violated; (b) the lawyer’s mental state; (c) the potential or actual injury caused by the lawyer’s misconduct; and (d) the existence of aggravating or mitigating factors.” ABA Standard 3.0.

The review panel is directed to file its report in this court no later than 60 days from the date of this opinion. Any exceptions or responses to the review panel’s report should be filed in this court within ten days of the filing of the review panel’s report.

Remanded to the review panel with direction.

All the Justices concur.