Opinion
Supreme Court No. SB-09-0096-D
October 28, 2009.
Disciplinary Commission No. 08-0262.
JUDGMENT AND ORDER
This matter having come before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision, and no discretionary or sua sponte review occurring,
IT IS ORDERED, ADJUDGED AND DECREED that DEBORAH L. ABERNATHY, a suspended member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of thirty days for conduct in violation of her duties and obligations as a lawyer, as disclosed in the Disciplinary Commission Report. The thirty day suspension shall run concurrently with the ten month suspension imposed in SB-09-0017-D.
IT IS FURTHER ORDERED that as a condition of reinstatement, Respondent shall participate in Fee Arbitration with client Barton C. Gonzales and shall refund any amounts determined by the arbitrator to Mr. Gonzales.
IT IS FURTHER ORDERED that Respondent shall comply with all applicable provisions of Rule 72, Rules of the Supreme Court of Arizona, and should promptly inform this Court of her compliance with this Order as provided in Rule 72(e).
IT IS FURTHER ORDERED that Respondent shall comply with all rule provisions regarding reinstatement proceedings.
IT IS FURTHER ORDERED that Respondent shall be assessed costs and expenses of the disciplinary proceedings as provided in Rule 60(b).
DATED this ___ day of ___, 2009.
TO:
Deborah L. Abernathy, Respondent (Regular Mail and Certified Mail, Return Receipt)
Roberta L. Tepper, Bar Counsel
Daniel P. Beeks, Hearing Officer 7M
Leticia V. D'Amore, Disciplinary Clerk
Sandra Montoya, Lawyer Regulation Records Manager, State Bar of Arizona
Molly Dwyer, Clerk, United States Court of Appeals for the Ninth Circuit
Attn: Don Lewis
Richard Weare, Clerk, United States District Court, District of Arizona
Attn: Beth Stephenson
West Publishing Company (Jode Ottman)
Lexis/Nexis