Opinion
Supreme Court No. SB-09-0021-D
April 20, 2009.
Disciplinary Commission No. 08-0051.
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 CRAIG J. SIMON a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of sixty days, 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 CRAIG J. SIMON shall be placed on probation for a period of one year. The terms of probation are as follows:
1. The probation period shall begin to run at the time of acceptance of the Consent Agreement by the Hearing Officer and will conclude upon completion of the terms of probation as listed below.
2. Respondent shall contact the State Bar of Arizona's Member Assistance Program to participate in an evaluation and referral to services as needed. Respondent shall cooperate with any recommendations made by the Member Assistance Program. Respondent shall be responsible for the cost of the evaluation and any subsequent referral programs.
3. Respondent's probation shall terminate upon successful completion of MAP's recommendations, if any.
4. 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.
5. In the event that Respondent fails to comply with any of the foregoing conditions, and the State Bar receives information, bar counsel shall file with the imposing entity 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 pursuant to Rule 60(b), the State Bar of Arizona is granted judgment against CRAIG J. SIMON for costs and expenses of these proceedings in the amount of $600.00 together with interest at the legal rate within 30 days from the date of this judgment and order.
DATED this ______ day of _____, 2009.
TO:
Craig J. Simon, Respondent (Regular Mail and Certified Mail, Return Receipt)
Mark I. Harrison, Respondent's Counsel
Stephen P. Little, Bar Counsel
Robert J. Stephan, Jr., Hearing Officer 9R
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