Opinion
Supreme Court No. SB-07-0011-D
May 22, 2007
Disciplinary Commission No. 05-0098.
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 this Court having considered Respondent's Petition for Review and the State Bar of Arizona's Response to Petition for Review, accordingly
IT IS ORDERED that the Petition for Review is DENIED.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that TROY L. BROWN, a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of five (5) months, effective thirty (30) days from the date of this 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 TROY L. BROWN shall make restitution as follows:
Susan M. DeZonia $4,923.64, plus 10% interest per annum from December 10, 2004 until paid.
IT IS FURTHER ORDERED that TROY L. BROWN shall be placed on probation for a period of two (2) years upon reinstatement with the State Bar's Law Office Management Assistance Program (LOMAP). Bar Counsel shall notify the Disciplinary Clerk of the date on which the probation begins. The terms of probation are as follows:
1) Within 30 days of the final Judgment and Order, Respondent shall contact the director of LOMAP and undergo a LOMAP assessment. The LOMAP director or designee shall conduct the audit within 60 days thereafter. Respondent thereafter shall enter into a LOMAP contract and comply with the recommendations of the LOMAP director or designee.
2)Respondent shall obtain a practice monitor, approved by bar counsel and the LOMAP director.
Arizona Supreme Court No. SB-06-0013-D
3) Respondent shall pay all costs incurred in these disciplinary proceedings, including costs associated with LOMAP.
4) 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 (30) 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 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 is granted judgment against TROY L. BROWN for costs and expenses of these proceedings.