Opinion
Supreme Court No. SB-11-0052-D
Filed June 15, 2011.
Disciplinary Commission Nos. 08-1907, 09-0075, 09-0181, 09-0324, 09-0394, 09-1058, 09-1395, 10-0458, 10-0493.
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 GARY W. KAZRAGIS, a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of eighteen months effective thirty days from the date of the 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 GARY W. KAZRAGIS shall be placed on probation for a period of two years beginning on the date of his reinstatement with terms and conditions to be determined at the time of reinstatement.
IT IS FURTHER ORDERED that GARY W. KAZRAGIS shall pay restitution in the following amounts to the following individuals:
Restitution $11,494.70 TOTAL $13,994.70
Sharon Penz $ 2,500.00 Thomas Geller :IT IS FURTHER ORDERED that GARY W. KAZRAGIS shall initiate and participate in binding Fee Arbitration with Amber Saravo (Count Four, 09-0324); Guy Grand (Count Five, 09-0394); Gerre Grande and Patricia Fontan (Count Six, 09-1058); Pamela Fine (Count Eight, 10-0458); and Georgiana Parker (Count Nine, 10-0493), within one hundred and fifty days of the Supreme Court's final Judgment and Order, and will timely pay any awards arising from the arbitrations.
IT IS FURTHER ORDERED that Respondent shall comply with all rule provisions regarding reinstatement proceedings.
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 his clients, within ten days from the date hereof, of his inability to represent them and that he should promptly inform this Court of his compliance with this Order as provided in Rule 72(e).
IT IS FURTHER ORDERED that pursuant to Rule 60(b), the State Bar of Arizona is granted judgment against GARY KAZRAGIS for costs and expenses of these proceedings in the amount of $3,914.75, together with interest at the legal rate from the date of this judgment. Costs shall be paid within six months from the date of the final judgment and order. In addition, GARY KAZRAGIS SHALL PAY ALL COSTS INCURRED BY THE Disciplinary Commission, the Supreme Court of Arizona, and the Disciplinary Clerk's Office in this matter.
DATED this ____ day of June, 2011.
TO:
Gary W. Kazragis, Respondent Harold L. Watkins, Respondent's Counsel Matthew E. McGregor, Bar Counsel Hon. Jonathan H. Schwartz, Hearing Officer 6S 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 (Mary Pieper) Lexis/Nexis chj