Opinion
Supreme Court No. SB-03-0024-D Disciplinary Commission Nos. 00-0117, 00-0181, 00-0235, 00-0520, 00-0830, 00-1051, 00-1084, 00-1313, 00-1369, 00-1426, 00-1059, 00-1522, 00-1637, 00-1697, 00-1934, 00-1960, 00-2406, 00-2478, 01-0490, 01-0696
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 JAMES E. BERTZ, a suspended member of the State Bar of Arizona, is hereby disbarred from the practice of law effective the date of this order, for conduct in violation of his duties and obligations as a lawyer, as disclosed in the commission report.
IT IS FURTHER ORDERED that JAMES E. BERTZ shall pay restitution in the following amounts to the following individuals:
Ric Biddlecome/File No. 00-0117 $ 81.00 Patricia Cooper/File No. 00-0235 $6,400.00 Dorothy Weeks/File No. 00-1051 $1,500.00 Shirley Roselli/File No. 00-1084 $3,656.00 William Cusak/File No. 00-1522 $2,132.50 James Wisher/File No. 00-1697 $2,560.00 Arthur M. Benton/File No. 01-1934 $2,200.00 Terry Shores/File No. 00-1960 $ 600.00 Albert Liapis/File No. 01-2406 $9,500.00 Larry and Stephanie Achzige/File No. 00-1426 $ 500.00 David Matice/File No. 00-1637 $5,847.00
Total $34,976.50
IT IS FURTHER ORDERED that Respondent shall pay in full any and all claims paid by the Client Protection Fund, not to exceed the maximum permissible payment of $100,000.00.
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 JAMES E. BERTZ for costs and expenses of these proceedings in the amount of $5,147.70, together with interest at the legal rate from the date of this judgment.
DATED this _______ day of ______, 2003.
_______________________ NOEL K. DESSAINT, Clerk