Ralston hires Barnes to fight Bar complaint
Timeline of Ralston Case
- Paul Chernak of Cumming was injured in a car accident in 2006.
- Chernak hired David Ralston's law firm in 2008.
- Chernak's complaint claims that from 2009 to 2013, there were 10 separate weeks available for his case to go to trial in Gilmer County. It says that in seven of those weeks, Ralston requested "legislative leave" to postpone the case. (Legislative leave allows lawmakers to have court cases postponed when their duties as officeholders require them to be elsewhere.) In two of the other weeks, Ralston had other criminal cases that were previously set.
- Ralston claims that the lawyer for the defendant in Chernak's case submitted leaves of absence for at least six of those 10 weeks.
- The complaint also accuses Ralston of sending Chernak $22,000 via 12 separate checks to help him pay for living expenses. The complaint states that the money came from other clients, third parties and Ralston's personal accounts.
- Ralston said the money he gave Chernak came from "earned, but previously undisbursed legal fees from an unrelated case. Mr. Ralston denies that he said funds belonged to his other clients or third persons."
- The State Bar's investigative panel declared Nov. 1, 2013, that there was probable cause to show Ralston violated the rules that all lawyers must follow.
- The panel forwarded its findings to the State Bar's lawyers, and in June 2014 the official complaint was filed with the Supreme Court, which has the power to punish lawyers.
- The Supreme Court has appointed Mark F. Dehler of Hiawassee to investigate the allegations against Ralston.
- Ralston in August called for the case to be dismissed.
- WHAT'S NEXT: Attorneys for the State Bar will respond to Ralston's Petition for Voluntary Discipline. Dehler will consider both and ultimately make a recommendation to the Supreme Court, which decides punishment, if any.
State House Speaker David Ralston has hired former Gov. Roy Barnes to defend him against charges he violated State Bar rules and has filed paperwork volunteering a potential settlement, the AJC has learned.
Ralston, a Blue Ridge Republican, crossed the political aisle to hire the former Democratic governor, jettisoning much of his former legal team.
Barnes took over the case on Monday, and immediately filed a “Petition for Voluntary Discipline,” suggesting a potential settlement of the case. That petition, however, has not been released so it is unclear what, if anything, Ralston admits to or what punishment he has offered.
Ralston referred questions to Barnes, who did not return a request for comment.
Ralston is accused of violating nine State Bar rules and of allowing his duties as a legislator "to adversely affect his representation" of his client. The Supreme Court, which decides punishment against attorneys, appointed Mark Dehler as "special master" of the case. Dehler will eventually present his findings to the court. Possible outcomes range from a dismissal of the complaint to public reprimand to disbarment. Dehler declined comment Wednesday.
Ralston, in a previous response to the charges, denied wrongdoing.
Since losing a bid for re-election in 2002, Barnes has gone on to become one of the state’s top trial lawyers and is frequently sought ought by Democrats and Republicans alike for legal help.
Ralston had been represented by Decatur attorney James E. Spence Jr., who frequently defends lawyers facing State Bar trouble, and Robert Ingram of Marietta, a top attorney and GOP activist. James Balli remains on Ralston's legal team and will serve as Barnes' co-counsel, according to the new filing.
Chuck Clay, veteran attorney and former state lawmaker, has served as a Court-appointed special master. He said a Petition for Voluntary Discipline typically is an effort by a defendant to say “we’d like to get this settled and here’s a proposal.”
“Your hope is that it closes a matter that I know is painful and awkward for any professional at any grade,” Clay, a lobbyist and former chairman of the Georgia Republican Party, said. “Generally, what this would be is hopefully the beginning of the end.”
The complaint stems from 2006 when Paul E. Chernak hired Ralston’s law firm after he was injured in a car accident. Chernak was not at fault.
According to Chernak’s complaint with the State Bar, Ralston became involved in the case in 2008. Chernak filed a lawsuit in 2008 claiming injury and damages from the accident.
Ralston is also accused of sending Chernak $22,000 via 12 separate checks to help Chernak pay for living expenses. The complaint claims the money came from other clients, third parties and Ralston’s personal accounts. It is the most serious of the charges Ralston faces.
Ralston’s attorneys previously said the complaint is simply wrong.
Instead, his former attorneys said, Ralston used money from his “earned, but previously undisbursed legal fees from an unrelated case. Mr. Ralston denies that he said funds belonged to his other clients or third persons.”
Ralston, however, is also accused of violating Bar rules that prohibit attorneys from loaning money to clients, which is considered a less serious offense. In his original response to the complaint, Ralston admitted that he had not been aware of that rule.
“His conduct resulted from unfamiliarity, rather than a conscious, deliberate decision to violate the Rule, ” according to his response. “Moreover, Mr. Ralston believed that in advancing funds to Mr. Chernak under the circumstances set forth above, and on terms to his own obvious financial disadvantage, he was performing humane acts toward Mr. Chernak and his family.”
