Opinion
Supreme Court No. SB-10-0106-D
December 2, 2010.
Disciplinary Commission No. 07-1927.
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 CYNTHIA A. LEYH, 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 her duties and obligations as a lawyer, as disclosed in the Disciplinary Commission Report.
IT IS FURTHER ORDERED that CYNTHIA A. LEYH shall be placed on probation for a period of two years upon reinstatement. The terms of probation are as follows:
1. Within thirty days of reinstatement, Respondent shall contact the Member Assistance Program ("MAP") director and submit to a MAP assessment. Respondent shall thereafter enter into a MAP contract based on the recommendations made by the MAP director or designee. Respondent shall comply with the terms of the MAP contract and shall be responsible for costs associated with MAP.
2. Respondent shall view the video entitled " Ten Deadly Sins of Conflict" and complete the State Bar's Professionalism Course.
3. 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.
4. The State Bar shall report material violations of the terms of probation pursuant to Rule 60(a)(5), Rules of the Supreme Court of Arizona, and a hearing may be held within thirty days to determine if the terms of probation have been violated and if an additional sanction should be imposed. 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 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 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).
DATED this _____ day of _______________, 2010.
TO:
Cynthia A. Leyh, Respondent Nancy A. Greenlee, Respondent's Counsel Harriet Bernick, Bar Counsel Hon H. Jeffrey Coker, Hearing Officer 6R Nancy Swetnam, Acting 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