Opinion
Supreme Court No. SB-08-0177-D
February 11, 2009
Disciplinary Commission No. 07-1404.
JUDGMENT AND ORDER
This matter having come before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision, and no discretionary or sua sponte review occurring,
IT IS ORDERED, ADJUDGED AND DECREED that J. VINCENT GONZALEZ a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of thirty days, effective thirty days from the date of this judgment and order, for conduct in violation of his duties and obligations as a lawyer, as disclosed in the Disciplinary Commission Report.
IT IS FURTHER ORDERED that J. VINCENT GONZALEZ shall be placed on probation for a period of one year upon reinstatement. The terms of probation are as follows:
1. Respondent's probation shall commence upon issuance of the order of reinstatement and will continue for one year from the date on which all parties have signed the Trust Account Program ("TAP") Terms and Conditions.
2. Respondent shall contact the State Bar Staff Examiner within 30 days of the date of reinstatement to schedule a trust account assessment by a State Bar of Arizona Staff Examiner ("Staff Examiner").
3. The Staff Examiner shall develop the Terms and Conditions for participation in TAP that will include, but are not limited to the following:
a) Respondent shall provide quarterly reports on Respondent's trust account;
b) Respondent shall timely respond to all State Bar inquiries;
c) Respondent shall maintain the specific recordkeeping and trust account requirements set forth in the TAP Terms and Conditions;
d) Respondent shall pay all costs incurred in connection with his participation in TAP.
4. Respondent shall refrain from engaging in any conduct that would violate the Rules of Professional Conduct or other rules of the Supreme Court of Arizona.
5. In the event that Respondent fails to comply with any of the foregoing conditions, and the State Bar receives information, bar counsel shall file with the imposing entity a Notice of Non-Compliance, pursuant to Rule 60(a)(5), Ariz.R.Sup.Ct. The Hearing Officer shall conduct a hearing within thirty days after receipt of said notice to determine whether the terms of probation have been violated and if an additional sanction should be imposed. In the event there is an allegation that any of these terms have been violated, the burden of proof shall be on the State Bar of Arizona to prove non-compliance by clear and convincing evidence.
IT IS FURTHER ORDERED that pursuant to Rule 60(b), the State Bar of Arizona is granted judgment against J. VINCENT GONZALEZ, for costs and expenses of these proceedings in the amount of $745.39, together with interest at the legal rate from the date of this judgment.
DATED this ____ day of ____, 2009.
TO:
J. Vincent Gonzalez, Respondent (Certified Mail, Return Receipt and Regular Mail)
Jason B. Easterday, Bar Counsel
Kraig J. Marton, Hearing Officer 8A
Leticia V. D'Amore, Disciplinary Clerk (Cert. Copy)
Sandra Montoya, Lawyer Regulation Records Manager, State Bar of Arizona (Cert. Copy)
Molly Dwyer, Clerk, United States Court of Appeals for the Ninth Circuit (Cert. Copy)
Richard Weare, Clerk, United States District Court, District of Arizona (Cert. Copy)
West Publishing Company (Jode Ottman)
Lexis/Nexis