Opinion
No. 9, 2009.
February 5, 2009.
ORDER
This 5th day of February 2009, it appears to the Court as follows:
1) By Order dated October 21, 2008, this Court approved the recommendation of the Board and ordered Redmond L. Clevenger, Jr., Esquire be privately admonished and placed on two-year probation with conditions. Those conditions included that Mr. Clevenger serve the two-year probation period under the supervision of a practice monitor acceptable to the ODC and he timely file all required reports and promptly comply with or respond to all inquiries or requests for information to the Supreme Court and the arms of the Court.
2) Mr. Clevenger failed to respond to several inquiries made by the ODC.
3) On January 7, 2009, the ODC filed a Petition for a Rule to Show Cause as to why Mr. Clevenger should not be held in contempt of this Court's October 21, 2009 Order. Two copies of the petition were sent to Mr. Clevenger via first-class mail.
4) On January 8, 2009, this Court issued a Rule to Show Cause to Mr. Clevenger as to why he should not be found in contempt. Mr. Clevenger's response was due within ten days of receipt of the Rule to Show Cause. The green card filed with the Court indicates Mr. Clevenger received the Rule to Show Cause on January 9, 2009. Therefore Mr. Clevenger's response was due on or before January 20, 2009.
5) As of January 28, 2009, Mr. Clevenger had not responded to the Rule to Show Cause. By failing to respond to the Rule to Show Cause, pursuant to Supreme Court Rule 30(c), Mr. Clevenger "shall be deemed to have consented" to a finding of contempt.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
(1) Redmond L. Clevenger is immediately suspended from the practice of law indefinitely until Mr. Clevenger petitions this Court for reinstatement and demonstrates his fitness to practice law in the State of Delaware;
(2) This Order shall be made public;
(3) The Office of Disciplinary Counsel shall file a petition in the Court of Chancery for the appointment of a Receiver of the Respondent's law practice pursuant to Procedural Rule 24, and the Receiver shall provide notice to clients, adverse parties, and others as required by Procedural Rule 23;
(4) The Receiver shall make such arrangements as may be necessary to protect the interests of any of the Respondent's clients and the public; and
(5) The Respondent shall cooperate in all respects with the Receiver, including providing him with all law office books and records.