Opinion
No Number in Original
February 28, 1969
This complaint was brought by the Investigating Committee of the Supreme Court of the state of Rhode Island, pursuant to the provisions of Rule 9 of the rules of this court, following investigation of alleged unprofessional conduct on the part of William R. Mulvey, a member of the bar of this state.
After investigating the facts on which the complaint is grounded, the Investigating Committee determined that it should prosecute the complaint before the Committee on Complaints of this court.
The matter was heard by the Committee on Complaints on October 4, 1968, notice having been given to Mr. Mulvey. He appeared at the hearing and stated that he did not desire counsel and would handle his own defense. The complaint was prosecuted by the Investigating Committee.
The facts upon which the complaint is based are undisputed and, in fact, were readily admitted by Mr. Mulvey, and are as follows:
On April 5, 1968 William R. Mulvey appeared before the United States District Court for the District of Rhode Island and pleaded guilty to the offense of "wilful failure to file income tax returns in violation of 26 U.S.C. 7203." The charge was contained in Criminal Information No. 7461. Defendant was adjudged guilty as to Count No. 1 and ordered to pay a fine of $ 500.00. On motion of the United States attorney, three other counts, namely, failure to file income tax returns for the years 1962, 1963 and 1964 were dismissed. It appears from the judgment entered by the Court that Count 1 recited a wilful failure to file a federal income tax return for the year 1961, the defendant having an alleged gross income for that year in the amount of $ 14,824.72. The offense charged against the respondent and to which he pleaded guilty is listed in the Internal Revenue Code as a misdemeanor.
The respondent made a short statement to the Complaint Committee and was questioned by the members of the committee. He freely and without reservation answered each and every question. It was indicated to the committee that he served in the United States Navy from March 1942 through January 1946. He entered the Navy as an ensign and was released from duty as a lieutenant with an honorable discharge. In the year 1961 Mr. Mulvey entered in a construction business venture with a partner. It is apparent from the record that the respondent's difficulties with the Internal Revenue Service are related to his misadventures in the field of home building and not the practice of law.
The record shows that in 1965 Mr. Mulvey resumed filing his annual income tax returns. The extent of his civil liability for the years in question, however, has not yet been resolved.
The committee found that the charge of unprofessional conduct had been established and recommended that such discipline be administered to the respondent as this court shall deem fit. Thereafter the respondent, in compliance with the order of this court dated January 30, 1969, appeared before it in its chambers personally on February 11, 1969 to show cause, if any, why disciplinary action should not be imposed. The order provided that the respondent could be accompanied by counsel if he desired. He was furnished with a copy of the report of the Committee on Complaints and he informed the court that he had no objection to its contents.
We believe the respondent's conduct, as evidenced in the record before us, warrants disciplinary action. It is the judgment of this court that the respondent shall be and he is hereby suspended from engaging in the practice of law in this state beginning April 15, 1969 until further order of this court, provided, however, that upon a satisfactory showing of compliance in good faith with such suspension and that the extent of his civil liability for unpaid federal income taxes has been determined, he may apply for reinstatement on or after October 2, 1969. We have deferred the effective date of this order to afford the respondent a reasonable opportunity to make satisfactory arrangements to protect the interests of his clients.
Entered as an Order of this Court this 28th day of February, 1969.
By Order:
Walter J. Kane, Clerk
Enter:
Thomas H. Roberts, Chief Justice