Opinion
Supreme Court No. SB-10-0094-D
October 27, 2010.
Disciplinary Commission Nos. 08-1748, 08-2179, 09-0061, 09-0221.
JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision, and this Court having considered Respondent's Petition for Review and the response thereto, accordingly,
IT IS ORDERED that the Petition for Review is denied.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Respondent JOSEPH W. CHARLES, a member of the State Bar of Arizona, is hereby suspended from the practice of law in the State of Arizona for sixty days, effective thirty days from the date of this 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 Respondent JOSEPH W. CHARLES shall be placed on probation for two years upon reinstatement. The terms and conditions of reinstatement are as follows:
1. Respondent shall be placed on probation for two years with terms and conditions to be established after a LOMAP evaluation.
2. The State Bar shall report material violations of the terms of probation pursuant to Rule 60(a)(5), Ariz. R. Sup. Ct., 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 JOSEPH W. CHARLES shall comply with all applicable provisions of Rule 72, Rules of the Supreme Court of Arizona, and he should promptly inform this Court of his compliance with this Order as provided in Rule 72(e).
IT IS FURTHER ORDERED that Respondent JOSEPH W. CHARLES shall be assessed and pay costs and expenses of the disciplinary proceedings pertaining to Count Three of the Complaint as provided in Rule 60(b), Ariz. R. Sup. Ct., including any costs incurred by the Disciplinary Clerk's office.
DATED this ______ day of October, 2010.
TO:
Joseph W Charles Russell R Yurk Shauna R Miller H Jeffrey Coker Nancy Swetnam Sandra Montoya Don Lewis Beth Stephenson Jode Ottman Lexis Nexis
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