Opinion
Supreme Court No. SB-06-0167-R
February 8, 2007.
Disciplinary Commission No. 05-6001.
ORDER OF REINSTATEMENT
Applicant SCOTT F. SAIDEL 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 SCOTT F. SAIDEL be and hereby is reinstated as a member of the State Bar of Arizona effective the date of this Order, and is placed on probation for a period of two years under the terms and conditions as listed below:
1) Applicant shall not consume illegal substances or abuse alcohol.
2) Applicant shall submit to random body fluid testing.
3) Applicant shall be monitored by the Member Assistance Program director or designee.
4) Applicant shall obtain a qualified practice monitor approved by bar counsel and the Law Office Management Assistance Program director if Applicant actively practices law in Arizona during the period of probation.
5) In the event that Applicant fails to comply with any of the foregoing conditions, and the State Bar receives information to that effect, 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 _________________, 2007.