Georgia Lawyers seek Class Certification in Racial Bias in Attorney Discipline Suit

A group of Georgia lawyers, led my Marsha W. Mignott, seek class certification in their attempt to establish a unlawful pattern of discriminatory conduct toward African American attorneys under the Civil Rights Act of 1866 and 42 U.S.C. 1981 in what they are describing as an "apartheid disciplinary process."

Mignott is currently appealing a state bar special master's recommendation that she be suspended for two years due to a client complaint, despite that client being indicted on a forgery charge in connection with their complaint to the State Bar. Other attorneys of color, including the five named class representatives, allege that the State Bar of Georgia's disciplinary practices treat attorneys of color more harshly than their white colleagues at multiple levels of the disciplinary process. 
 
The state is attempting to dismiss the suit, arguing that the Northern District of Georgia lacks jurisdiction to hear the case at all and that only the Supreme Court of Georgia has jurisdiction on this issue. Plaintiffs, in turn, argue that a class action is the only way many victims of this discriminatory process can access relief, as their suspensions/disbarments have impaired their ability to maintain employment in the legal sector. 
 
The case is Mignott v. State Bar of Georgia Foundation Inc. et al., case number 1:23-cv-01834, in the U.S. District Court for the Northern District of Georgia.