MEMBERS THOMAS G. KIENBAUM CHAIRPERSON JAMES M. CAMERON, JR. VICE-CHAIRPERSON SYLVIA P. WHITMER, Ph.D.
SECRETARY ROSALIND E. GRIFFIN, M.D. CARL E. VER BEEK CRAIG H. LUBBEN LAWRENCE G. CAMPBELL DULCE M. FULLER LOUANN VAN DER WIELE
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
JOHN F. VAN BOLT EXECUTIVE DIRECTOR MARK A. ARMITAGE DEPUTY DIRECTOR JENNIFER M. PETTY LEGAL ASSISTANT
211 WEST FORT ST. SUITE 1410 DETROIT, MICHIGAN 48226-3236 PHONE: 313-963-5553 FAX: 313-963-5571 WWW.ADBMICH.ORG
DISMISSAL Case No. 11-20-GA John J. Devine, Jr., P 12724, Mt. Pleasant, Michigan, by the Attorney Discipline Board Tri County Hearing Panel #26.
1. Dismissal 2. Effective October 20, 2012 Count One of the formal complaint alleged that respondent committed professional misconduct by failing to keep monies in dispute separate, in violation of MRPC 1.15(c); failing to promptly distribute, payor deliver monies owed to another, in violation of MRPC 1.15(b)(3); knowingly failing to respond to lawful demands for information from a disciplinary authority, in violation of MRPC 8.1 (a)(2); engaging in conduct prejudicial to the administration of justice, in violation of MRPC 8.4(c) and MCR 9.1 04(A)(1); engaging in conduct that exposes the legal profession to obloquy, contempt, censure or reproach, in violation of MCR 9.1 04(A)(2); engaging in conduct contrary to justice, ethics, honesty, or good morals, in violation of MCR 9.1 04(A)(3); engaging in conduct which violated standards or rules of professional responsibility, contrary to MCR 9.104(A)(4); and engaged in conduct which violated or attempted to violate the Rules of Professional Conduct, contrary to MRPC 8.4(a).
The hearing panel dismissed the formal complaint finding that the allegations of misconduct were unproven by a preponderance of the evidence (Count One); and that respondent had not ignored or failed to respond to the Attorney Grievance Commission (Count Two).
The Grievance Administrator filed a petition for review and respondent filed a cross-petition. Upon review, the Attorney Discipline Board affirmed the hearing panel's dismissal. No costs were assessed against respondent.
,JAN 212013 Dated:__________