Opinion
Supreme Court No. SB-06-0158-D.
January 9, 2007.
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 MARY VALENTINE SCHAFFER, a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of one hundred twenty (120) days, effective from the date of this judgment and order, for conduct in violation of her duties and obligations as a lawyer, as disclosed in the Disciplinary Commission Report.
IT IS FURTHER ORDERED that MARY VALENTINE SCHAFFER shall be placed on probation for a period of two (2) years effective from the date of this judgment and order. The terms of probation are as follows:
1) The probation period shall run concurrently with the term of suspension.
2) Respondent shall contact the Director of the Member Assistance Program (MAP) within thirty (30) days of the final Judgment and Order and submit to a MAP assessment. Respondent shall thereafter, enter into a MAP contract, based upon recommendations by the MAP director or designee. Respondent shall comply with the recommended terms and the MAP contract will be incorporated herein by reference.
3) 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 her clients, within ten (10) days from the date hereof, of her inability to represent them and that she should promptly inform this Court of her 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 MARY VALENTINE SCHAFFER for costs and expenses of these proceedings in the amount of $977.11, together with interest at the legal rate from the date of this judgment.
DATED this __day of____________, 2007.