Opinion
Supreme Court No. SB-09-0120-D
February 4, 2010.
Disciplinary Commission No. 08-0822.
JUDGMENT AND ORDER
This matter having come 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 STEPHEN J. RENARD, a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of six months 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 STEPHEN J. RENARD shall be placed on probation for a period of two years upon reinstatement. The probation period shall be effective the date of the order of reinstatement and shall conclude two years from that date. The terms of probation shall include the following:
1. Within thirty days of the date of reinstatement, Respondent shall contact the LOMAP director. The LOMAP director or designee shall develop written "Terms and Conditions of Probation," the terms of which shall be incorporated herein by reference. Respondent shall be responsible for any costs associated with LOMAP.
2. Respondent shall find a qualified practice monitor approved by bar counsel and the LOMAP director within thirty days of reinstatement.
3. Within thirty days of the date of reinstatement, Respondent shall contact the MAP director and submit to a MAP assessment. The MAP director or designee shall develop written "Terms and Conditions of Probation," the terms of which shall be incorporated herein by reference. Respondent shall be responsible for any costs associated with MAP.
4. Within thirty days of the date of reinstatement, Respondent shall contact the EEP coordinator and schedule his attendance at an EEP seminar. The seminar shall be completed during the probation period and Respondent shall be responsible for any costs associated with EEP.
5. Respondent shall refrain from engaging in any conduct that would violate the Rules of Professional Conduct or other rules of the Supreme Court of Arizona.
6. In the event that Respondent fails to comply with any of the foregoing probation terms, and the State Bar receives information thereof, Bar Counsel shall file a Notice of Non-Compliance with the imposing entity pursuant to Rule (60)(a)(5), Ariz.R.Sup.Ct. The imposing entity may refer the matter to a Hearing Officer to conduct a hearing at the earliest practicable date, but in no event later than thirty days following receipt of notice, to determine whether a term of probation has been breached and, if so, to recommend an appropriate sanction. If there is an allegation that Respondent failed to comply with any of the foregoing terms, the burden of proof shall be on the State Bar to prove non-compliance by a preponderance of the 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 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 Respondent shall be assessed costs and expenses of the disciplinary proceedings as provided in Rule 60(b).