Opinion
Supreme Court No. SB-09-0017-D
April 20, 2009.
Disciplinary Commission Nos. 07-0619, 07-1163, 07-1271.
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 DEBORAH L. ABERNATHY, a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of ten months, effective thirty days 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 DEBORAH L. ABERNATHY, shall be placed on probation for a period of two years upon reinstatement with terms and conditions to include six additional CLE hours related to ethics and participation in the State Bar's Law Office Management Assistance Program.
IT IS FURTHER ORDERED that DEBORAH L. ABERNATHY shall pay restitution in the following amounts to the following individuals:
$2,176.00 Total
Edie Eisenschenk $2,500.00 Deborah L. Gallagher : $4,676.00IT 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 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 be assessed costs and expenses of the disciplinary proceedings as provided in Rule 60(b).
DATED this ________ day of _________, 2009.
TO:
Deborah L. Abernathy, Respondent (Regular Mail and Certified Mail, Return Receipt)
Roberta L. Tepper, Bar Counsel
T. H. Guerin, Jr., Hearing Officer 7R
Leticia V. D'Amore, Disciplinary Clerk (Cert. Copy)
Sandra Montoya, Lawyer Regulation Records Manager, State Bar of Arizona (Cert. Copy)
Molly Dwyer, 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)
Lexis/Nexis