Documente Academic
Documente Profesional
Documente Cultură
2
3
Electronically Filed
Aug 05 2016 08:47 a.m.
Tracie K. Lindeman
Clerk of Supreme Court
4
5
6
7
8
9
10
REINSTATEMENT OF
11
12
)
)
)
)
)
13
14
15
16
17
18
The Bar's Reply Brief makes many fine points with respect to the
character defects Petitioner continues to exhibit. The Bar focused on
19
20
22
whether Petitioner complied with the Chair's instruction for both sides
to provide the other any documents they intended to use at the hearing
23
24
25
by the Friday before the Tuesday, August 25th, 2015 hearing. While the
Panel did not mention such issue in its written decision and admitted
26
27
the majority of such exhibits, the fact that the Bar takes issue with it
28
1
DocketCOURT'S
69723 Document
2016-24270
REQUEST TO SUBMIT THIS MATTER FOR
CONSIDERATION
let
1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
22
23
24
25
26
27
28
1
2
3
2
REQUEST TO SUBMIT THIS MATTER FOR COURT'S CONSIDERATION
let
1
2
seem to allow for the introduction of the materials the Bar included in
the Pre-Hearing Packet. Regardless, the Bar included most of the
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
22
23
24
25
26
27
28
3
REQUEST TO SUBMIT THIS MATTER FOR COURT'S CONSIDERATION
let
1
2
3
4
5
6
7
8
9
10
the Pre-Hearing Packet, nor did it include any of the eight exhibits the
Disciplinary Board attached to its 5/31/12 Disability Petition, nor the
second response6 filed in such matter by Petitioner from 8/8/14.
The Bar did not provide Petitioner a copy of its Pre-Hearing
11
12
13
14
15
16
17
18
19
20
22
23
24
25
26
27
28
4
REQUEST TO SUBMIT THIS MATTER FOR COURT'S CONSIDERATION
let
1
2
the Pre-Hearing Packet a day before the hearing. 7 The Panel appeared
pleased that Petitioner thereafter, at the earliest opportunity, provided
3
4
5
it so much of the material it wished had been included in the PreHearing Packet, including Dr. Nielsen's original report. 8
Petitioner does not believe SCR 117(4) allows for a Reply Brief
7
8
9
10
11
12
13
14
here (nor does he wish to file anything beyond this), but, rather calls
for Objections from either side to be filed within 30 days of the filing of
the record. However, Petitioner respectfully asserts that he believes
the Bar's Reply Brief is timely filed.
7
15
16
17
18
19
20
22
23
24
25
26
27
28
8
ROA 962:17-965:17, 960:11-963:8, 974:12-975:2, 835:16-22, 33:13-23,
834:2-5, 855:18-24, 968:2-4, 945, 951:10-954:10, 939:12 to 943:24.
Petitioner was denied the same opportunity to have a Motion for
Reconsideration heard that the Bar had here. Assistant Bar Counsel
Flocchini forwarded the record as soon as she had her own Motion for
Reconsideration heard. The Bar's Reply Brief indicates the State Bar
asserted that it would file the Record on Appeal within three days of
the Panel's determination, whatever it was, after the Motion was
considered.
However, Ms. Flocchini is mistaken in that she had previously
indicated only that such would be forwarded within 3 days of her own
Motion for Reconsideration being denied: "The Office of Bar Counsel
will forward the record when the recommendation is final. As I stated
before, if the Motion for Reconsideration is denied, we will forward the
Record on Appeal no later than 3 business days after receipt of the
denial order. If the Motion is granted and a new recommendation
issued, we will proceed thereafter." Page 1 of Ex. 1 of Bar's 5/11/16
Opposition in this matter.
5
REQUEST TO SUBMIT THIS MATTER FOR COURT'S CONSIDERATION
let
The length of the exhibits the Bar references is due almost entirely
1
2
3
4
included in the Bar's Pre-Hearing Packet that the Panel found useful. 9
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
22
23
24
25
26
27
28
6
REQUEST TO SUBMIT THIS MATTER FOR COURT'S CONSIDERATION
let
1
2
3
4
5
respectfully submitted.
Dated this August 4th, 2016
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
22
23
24
25
26
27
28
7
REQUEST TO SUBMIT THIS MATTER FOR COURT'S CONSIDERATION
let
1
2
3
CERTIFICATE OF SERVICE
I certify that on August 4th, 2016 I mailed and or electronically
served a true and correct copy of this REQUEST TO SUBMIT THIS
MATTER FOR COURT'S CONSIDERATION upon the following:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
22
23
24
25
26
27
28
8
REQUEST TO SUBMIT THIS MATTER FOR COURT'S CONSIDERATION
let