Opinion
Supreme Court No. SB-10-0062-D
June 17, 2010.
Disciplinary Commission Nos. 08-0073, 08-1264.
JUDGMENT AND ORDER
This matter having come before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision, and there having been no discretionary or sua sponte review occurring,
IT IS ORDERED, ADJUDGED AND DECREED that PAUL M. WEICH, a suspended member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of two years to begin December 29, 2009, the expiration date of the prior suspension imposed in SB-07-0156 (2007), for conduct in violation of his duties and obligations as a lawyer, as disclosed in the Disciplinary Commission Report.
IT IS FURTHER ORDERED that PAUL M. WEICH shall be placed on probation with the State Bar's Member Assistance Program ("MAP") for a period of two years upon reinstatement. The terms of probation are as follows:
1. The probation period will commence upon the date of the Order of Reinstatement.
2. Respondent shall contact the director of MAP within 30 days of the date of the Order of Reinstatement.
3. Respondent shall submit to a MAP assessment as scheduled by the director of MAP.
4. The director of MAP shall develop "Terms and Conditions of Probation" based on the assessment and terms shall be incorporated herein by reference.
5. Respondent shall comply with any other terms and conditions deemed appropriate by the director of MAP, which shall be incorporated herein by reference.
6. 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.
7. 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 action and response. 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 rule provisions regarding reinstatement proceedings.
IT IS FURTHER ORDERED that pursuant to Rule 60(b), the State Bar of Arizona is granted judgment against for costs and expenses of these proceedings in the amount of $1,651.45, together with interest at the legal rate from the date of this judgment.
DATED this ___ day of _________, 2010.
TO:
Paul M. Weich, Respondent Nancy A. Greenlee, Respondent's Counsel Roberta L. Tepper, Bar Counsel Thomas M. Quigley, Hearing Officer 8W Leticia V. D'Amore, Disciplinary Clerk Sandra Montoya, Lawyer Regulation Records Manager, State Bar of Arizona Molly Dwyer, Clerk, United States Court of Appeals for the Ninth Circuit Attn: Don Lewis Richard Weare, Clerk, United States District Court, District of Arizona Attn: Beth Stephenson West Publishing Company (Jode Ottman) Lexis/Nexis