Opinion
Supreme Court No. SB-08-0052-D
June 3, 2008
Disciplinary Commission No. 06-0131.
William J. Reckling, III. (Certified Mail, Return Receipt and Regular Mail) Matthew E. McGregor, Bar Counsel Honorable H. Jeffrey Coker, Hearing Officer 6R Leticia V. D'Amore, Disciplinary Clerk (Cert. Copy).
Sandra Montoya, Lawyer Regulation Records Manager, State Bar of Arizona (Cert. Copy) Cathy Catterson, Clerk, United States Court of Appeals for the Ninth Circuit (Cert. Copy) Richard Weare, Clerk, United States District Court, District of Arizona (Cert. Copy) West Publishing Company (Jode Ottman).
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 review,
IT IS ORDERED, ADJUDGED AND DECREED that WILLIAM J. RECKLING, III, a suspended member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of eighteen-months, retroactive to July 6, 2006, for conduct in violation of his duties and obligations as a lawyer, as disclosed in the Disciplinary Commission Report.
IT IS FURTHER ORDERED that WILLIAM J. RECKLING, III, shall be placed on probation upon reinstatement. Bar Counsel shall notify the Disciplinary Clerk of the date on which the probation begins. The terms of probation are as follows:
1. Within 30-days of the date of reinstatement, Respondent shall contact the LOMAP director. The LOMAP director shall develop a probation contract, and its terms shall be incorporated herein by reference.
2. Respondent's probation shall also include any additional terms deemed appropriate by the hearing officer assigned to the reinstatement matter, the Disciplinary Commission or the Supreme Court of Arizona, at the time of reinstatement.
3. Respondent shall refrain from engaging in any conduct that would violate the Rules of Professional Conduct or other Rules of the Supreme Court.
4. In the event that Respondent fails to comply with any of the foregoing conditions, and the State Bar receives information, bar counsel shall file with the imposing entity a Notice of Non-Compliance, pursuant to Rule 60(a)(5), Ariz.R.Sup.Ct. The Hearing Officer shall conduct a hearing within 30-days after receipt of said Arizona Supreme Court No. SB-08-0052-D Page 2 of 2
notice, to determine whether the terms of probation have been violated and if an additional sanction should be imposed. In the event there is an allegation that any of these terms have been violated, the burden of proof shall be on the State Bar of Arizona to prove non-compliance by clear and convincing evidence.
IT IS FURTHER ORDERED that Respondent shall pay all costs and expenses incurred by the State Bar in these disciplinary proceedings as provided in Rule 60(b), in the amount of $1418.40. Payment of costs shall be made within 30-days from the date of this final Judgment and Order.