Opinion
Supreme Court No. SB-03-0029-D Disciplinary Commission, No. 01-0915
Filed April 23, 2003.
JUDGMENT AND ORDER
This matter having come on for hearing 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 DAVID B. APKER, a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of six (6) months and one (1) day, effective the date of this Judgment and Order, for conduct in violation of his duties and obligations as a lawyer, as disclosed in the commission report.
IT IS FURTHER ORDERED that DAVID B. APKER shall pay restitution in the amount of $4,000.00 to the State Bar's Client Protection Fund.
IT IS FURTHER ORDERED that Respondent shall comply with all the provisions of Rule 63, Rules of the Supreme Court of Arizona, including, but not limited to, Rule 63(a), which requires that Respondent notify all of his clients, within ten (10) days from the date hereof, of his inability to represent them and that he should promptly inform this Court of his compliance with this Order as provided in Rule 63(d).
IT IS FURTHER ORDERED that Respondent shall comply with all rule provisions regarding reinstatement proceedings.
IT IS FURTHER ORDERED that pursuant to Rule 52(a)8, the State Bar of Arizona is granted judgment against DAVID B. APKER for costs and expenses of these proceedings in the amount of $1,215.25, together with interest at the legal rate from the date of this judgment.
DATED this _____ day of ______, 2003.
______________________ NOEL K. DESSAINT, Clerk