In the Supreme Court of Georgia

Decided: July 7, 2021

S21Z1090. IN THE MATTER OF JAMES ARCHIE BARNETT.

PER CURIAM.

This matter is before the Court on the Application for 

Certification of Fitness to Practice Law, pursuant to Part A, Section 

10 of the Rules Governing Admission to Practice Law in Georgia 

(Readmission and Reinstatement), filed by James Archie Barnett. 

Barnett, who was originally admitted to the practice of law in 

Georgia in 1975, was disbarred in 1998 for four separate matters in 

which he was retained to represent clients but subsequently failed 

to communicate with them or to provide requested services, which

conduct violated the then-applicable Standard 44 (willful 

abandonment or disregard of legal matters to client’s detriment) of 

Bar Rules 4-102 (d). Barnett also failed to respond to disciplinary 

authorities, in violation of Standard 68. See In the Matter of Barnett, 
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269 Ga. 365 (496 SE2d 895) (1998). Prior to disbarment, Barnett 

had received a Review Panel reprimand and a formal letter of 

admonition in 1995 for similar misconduct.

On July 5, 2018, Barnett filed his Application for Certification 

of Fitness to Practice Law. The Board to Determine Fitness of Bar 

Applicants (the “Fitness Board”) notes that it took Barnett several 

years to complete his application, primarily because he did not 

comply with requests to provide documentation related to a 2005 

DUI conviction until December 2020.1 The Fitness Board also notes 

that in 2015, the State Bar received a complaint that Barnett was 

engaged in the unauthorized practice of law, but the State Bar’s 

investigation of that complaint revealed that Barnett was 

erroneously listed on the Fulton County State Court’s website, 

where he is currently employed in the clerk’s office, as a “Staff 

Attorney”; the website was thereafter corrected, and the State 

Bar concluded that Barnett had not engaged in the unauthorized

 

1 Barnett acknowledges that he pleaded nolo contendere in that DUI 

case.
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practice of law. 

As part of Barnett’s application, he filed a statement of 

rehabilitation. In his statement, Barnett acknowledges and 

“accept[s] full responsibility” for his errors and misconduct that led 

to his disbarment, including the harm he caused to his clients and 

the court system; expresses remorse, stating that he is “truly sorry” 

for and “deeply regret[s]” his actions; describes his personal life, 

work experience, and community service since his disbarment; and 

states that he believes that he has been rehabilitated and now has 

the character and fitness to be readmitted to the Georgia Bar. More 

specifically, Barnett states that following his disbarment, he worked 

for several years in positions unrelated to the law. He married his 

wife in 1999. In 2003, the State Court of Fulton County hired 

Barnett as a pretrial interviewer, and in 2005, he became a case 

manager and clerk in that court – a position he still holds. He has 

also served in different capacities in the Adams Park Tennis 

Association, the United Liberian Relief Committee, and Higher 

Ground Empowerment Church. He also volunteered in a community
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project that aids marginalized and homeless men with labor skills, 

musical talent, and artistic ambitions. Barnett further explains the 

circumstances of the conduct that led to his disbarment, 

acknowledging that procedures that he utilized during his law 

practice, as well as problems in his personal life, including a divorce 

and financial hardship, led to difficulties, including instances in 

which he “was retained to represent a client but subsequently failed 

to communicate with the client and . . . provide the requested 

service.” Barnett also provided numerous letters in support of his 

application commending him on his community service work, 

integrity, and candor regarding the circumstances surrounding his 

disbarment. Those letters include letters from judges on the United 

States District Court for the Northern District of Georgia, the 

Municipal Court for the Circuit of Atlanta, and the Magistrate Court 

of Fulton County.

The Fitness Board provided notice to the State Bar of Georgia 

and to the bar membership and chief judge of the Atlanta Judicial 

Circuit; provided newspaper notice to the public in the area where 
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Barnett had practiced; and sought confirmation from the Client 

Security Fund that no restitution was due. See Part A, Section 10 

(d) (1)-(4) of the Rules. The State Bar responded that there were no 

open matters pending against Barnett, that no grievances or 

complaints pending against him at the time of his disbarment, and 

that no post-disbarment grievances had been filed against him. The 

State Bar further stated that it had no information regarding 

Barnett’s reputation in the Georgia legal community and no 

knowledge of his conduct following his disbarment. A response was 

also received from a senior judge of the Atlanta Judicial Circuit 

supporting Barnett’s application and stating that the judge

recommends “without reservation” that Barnett “be reinstated in 

the State Bar of Georgia.” The Client Security Fund responded that 

it paid no monies on claims filed against Barnett and that he owed 

no restitution.

After considering the matter at its meeting on April 8, 2021, 

the Fitness Board unanimously voted to recommend certification of 

fitness to Barnett for readmission, and issued its report making that 
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recommendation on May 20, 2021. On May 21, 2021, the Fitness 

Board filed its report and the record with this Court so that we could 

make the final determination regarding Barnett’s certification of

fitness as required by Part A, Section 10 (e) of the Rules.

Based on the record in this case, we conclude that Barnett has 

demonstrated by clear and convincing evidence that he is entitled to 

be certified as fit to practice law in Georgia, see In re Cason, 249 Ga. 

806, 808 (294 SE2d 520) (1982), and we therefore agree with the 

Fitness Board’s recommendation. Further, it appears that Barnett 

has met the procedural requirements of Part A, Section 10 for 

approval of his application for certification of fitness. Accordingly, 

this Court hereby grants Barnett’s application for certification of 

fitness and orders that, upon satisfaction of all the requirements of 

Part B of the Rules, including taking and passing the Georgia Bar 

Examination, Barnett may be reinstated as an attorney licensed to 

practice law in the State of Georgia.

Certification of fitness for readmission granted. Nahmias, C. J., 

Boggs, P. J., and Peterson, Warren, Bethel, Ellington, McMillian, 

and LaGrua, JJ., concur.