Opinion
Supreme Court No. SB-08-0018-D
March 18, 2008
Disciplinary Commission No. 06-0817.
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, there having been no discretionary review and sua sponte review having been declined by the Court,
IT IS ORDERED, ADJUDGED AND DECREED that STUART J. REILLY, a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of four years, 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 Respondent shall pay, as restitution, all monies owed to the Wilsons in Maricopa County Superior Court Cause No. CV2004-022985. Restitution shall be paid in full prior to filing his application for reinstatement.
IT IS FURTHER ORDERED that STUART J. REILLY shall be placed on probation for a period of two years upon reinstatement and effective upon the signing of the probation contract. Bar Counsel shall notify the Disciplinary Clerk of the date on which the probation begins. The terms of probation are as follows:
1) Probation shall include Member Assistance Program monitoring and treatment, a practice monitor, and to any other terms and conditions deemed appropriate at the time of reinstatement.
2) In the event that Respondent fails to comply with any of the foregoing conditions, and the State Bar receives information to that effect, bar counsel shall file with the Hearing Officer 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 Respondent shall comply with all the provisions of Rule 72, Rules of the Supreme Court of Arizona, including, but not limited to, Rule 72(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 72(e).
IT IS FURTHER ORDERED that Respondent shall comply with all rule provisions regarding reinstatement proceedings.
IT IS FURTHER ORDERED that pursuant to Rule 60(b), the State Bar of Arizona is granted judgment against STUART J. REILLY for costs and expenses of these proceedings in the amount of $1,144.57, together with interest at the legal rate from the date of this judgment.
DATED this ____ day of ______________, 2008.
TO:
Stuart J. Reilly, Respondent (Certified Mail, Return Receipt and Regular Mail)
Roberta L. Tepper, Bar Counsel
Donna Lee Elm, Hearing Officer
Leticia D'Amore, Disciplinary Clerk (Cert. Copy)
Sandra Montoya, Lawyer Regulation Records Manager, State Bar of Arizona (Cert. Copy)
Perry Thompson, Director of Admissions, Supreme Court of the United States (Cert. Copy)
Cathy Catterson, 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)
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