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 MICIDGAN 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 DETROI"L. MICHIGAN 48226-3236 PHuNE: 313-963-5553 FAX: 313-963-5571
NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITIONS (By Consent) Case Nos. 12-101-AI; 12-140-JC; 13-47-GA Notice Issued: July 18, 2013 John Oren Waters, P 66412, Grand Rapids, Michigan, by the Attorney Discipline Board Kent County Hearing Panel #2.
1. Suspension - 3 Years 2. Effective September 14, 2012 1 Respondent was convicted of two felony counts of Delivery of a Schedule III Controlled Substance, in violation of MCl 333.7401 (2)(b)(ii), and his license to practice law in Michigan was suspended effective September 14,2012, the date of his felony convictions. On December 14, 2012, the Grievance Administrator filed a judgment of conviction, pursuant to MCR 9.120(B)(3). A formal complaint alleging other misconduct was subsequently filed on April 17, 2013.
Pursuant to MCR 9.115(F)(5), the parties filed a Stipulation for Consent Order of Discipline on March 15, 2013, which contains respondent's acknowledgment of his convictions and his plea of no contest to the allegations of professional misconduct in Amended Formal Compliant 13-47 GA. Based on respondent's convictions and his plea of no contest, the panel found that respondent violated the criminal laws of the State of Michigan in violation of MCR 9.1 04(A)(5); neglected two legal matters entrusted to him, in violation of MRPC 1.1 (c); failed to act with reasonable diligence in two matters, in violation of MRPC 1.3; failed to adequately communicate with two clients, in violation of MRPC 1.4(a); failed to refund unearned fees or release the client
files upon being discharged from the representation of two clients, in violation of MRPC 1.16(d); intentionally failed to respond to a lawful demand for information from a disciplinary authority, in violation of MRPC 8.1 (a)(2); and failed to answer a request for investigation, in violation of MCR
9.104(7) and MCR 9.113(A) and (8)(2). The panel also found that respondent violated MRPC 8.4(c) and MCR 9.104(1 )-(3).
Based upon the stipulation of the parties, the hearing panel ordered that respondent's license to practice law in Michigan be suspended for three years, retroactive to September 14, 2012, the date of his felony convictions. The panel also ordered respondent to pay restitution in the aggregate amount of $2,600.00 and be subject to conditions relevant to the established misconduct. Costs were assessed in the amount of $870.68.
Dated: ____ 18_ l_!J_tj_
1 Respondent has been continuously suspended from the practice of law in Michigan since September 14,2012. Please see Notice of Automatic Interim Suspension issued September 28, 2012.