Opinion
SB-06-0028-R, 04-6003
April 20, 2006.
ORDER OF REINSTATEMENT
Applicant RICHARD A. ALCORN has established to the satisfaction of the Disciplinary Commission and this Court that he is qualified for reinstatement to active bar membership; now, therefore, pursuant to Rule 65 of the Rules of the Supreme Court,
IT IS ORDERED that RICHARD A. ALCORN be and hereby is reinstated as an active member of the State Bar of Arizona effective the date of this Order, and is placed on probation for a period of one (1) year, effective upon the signing of the probation contract, under the terms and conditions as listed below:
1) Applicant shall obtain a practice monitor, approved by Bar Counsel and the State Bar's Law Office Management Assistance Program (LOMAP) Director within 30 days of the effective date of probation.
2) Respondent shall continue psychotherapy with a mental health professional during the period of probation as directed by the mental health professional.
3) In the event that Applicant fails to comply with any of the foregoing conditions, and the State Bar receives information, bar counsel shall file with the Hearing Officer a Notice of Non-Compliance, pursuant to Rule 60(a)(5), Ariz. R.S. Ct. The Hearing Officer shall conduct a hearing within thirty days after receipt of said 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.
DATED this ____ day of __, 2006.