Opinion
Supreme Court No. SB-10-0116-D
November 30, 2010.
Disciplinary Commission No. 09-0157.
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 JEFFREY R. FINLEY, a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of thirty days effective December 1, 2010, for conduct in violation of his duties and obligations as a lawyer, as disclosed in the Disciplinary Commission Report.
IT IS FURTHER ORDERED that JEFFREY R. FINLEY is placed on probation on the following terms:
1. The terms and conditions of Respondent's probation shall be determined in connection with Matter of Massey, File No. 09-0156.
2. The period of probation will begin upon entry of the final judgment and order in this matter and terminate two years from the date that the Law Office Management Assistance Program ("LOMAP") agreement is signed.
3. The Massey and Finley firm will participate in a complete LOMAP evaluation and comply with all of the recommendations made based the LOMAP evaluation.
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 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 Respondent shall comply with all rule provisions regarding reinstatement proceedings.
IT IS FURTHER ORDERED that pursuant to Rule 60(b), the State Bar of Arizona is granted judgment against JEFFREY R. FINLEY for costs and expenses of these proceedings in the amount of $1,272.50, together with interest at the legal rate from the date of this judgment.
DATED this _____ day of _______________, 2010.
TO:
Jeffrey R. Finley, Respondent Nancy A. Greenlee, Respondent's Counsel Shauna R. Miller, Senior Bar Counsel Hon. Michael O. Wilkinson, Hearing Officer 6T 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