MEMBERS THOMAS G. KIENBAUM
CHAIRPERSON JAMES M. CAMERON, JR. VICE-CHAIRPERSON ROSALIND E. GRIFFIN, M.D.
SECRETARY ANDREA L. SOLAK CARL E. VER BEEK CRAIG H. LUBBEN SYLVIA P. WHITMER, Ph.D
LAWRENCE G. CAMPBELL DULCE M. FULLER
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
JOHN F. VAN BOLT EXECUTIVE DIRECTOR
MARK A. ARMITAGE DEPUTY DIRECTOR JENNIFER M. PErry LEGAL ASSISTANT
211 WEST FORT ST. SUITE 1410 DETROIT, MICHIGAN 46226-3236 PHONE: 313-963-5553 FAX: 313-963-5571
NOTICE OF DISBARMENT AND RESTITUTION Case No. 12-19-GA Notice Issued: June 14, 2012 Joseph D. Bartkus, P 59698, Wyoming, Michigan, by the Attorney Discipline Board Kent County Hearing Panel #2.
1. Disbarment 2. Effective June 14, 2012 Respondent did not appear at the hearing and was found to be in default for failing to file an answer to the formal complaint. Based on respondent's default, the hearing panel found that respondent committed professional misconduct by neglecting legal matters, in violation of MRPC 1.1 (c); failing to act with reasonable diligence and promptness on his clients' behalf, in violation of MRPC 1.3: failing to keep his clients reasonably informed regarding the status of their legal matters and respond promptly to reasonable requests for information, in violation of MRPC 1.4(a): failing to hold property of a client in connection with a representation separate from the lawyer's own property, in violation of MRPC 1.15(d); failing to deposit client fees and expenses paid in advance into a client trust account, in violation of MRPC 1.15(g); failing to refund unearned attorney fees paid in advance, in violation of MRPC 1.16(d); engaging in conduct involving dishonesty, fraud, deceit, misrepresentation, or a violation of the criminal law, where such conduct reflects adversely on the lawyers honesty, trustworthiness, or fitness as a lawyer MRPC 8.4(b); engaging in conduct that exposes the legal profession to obloquy, contempt, censure, and/or reproach, in violation of MCR 9.1 04(A)(2); and, engaging in conduct that is contrary to justice, ethics, honesty, or good morals, in violation of MCR 9.1 04(A)(3).
The panel also found that respondent failed to answer requests for investigation filed by two separate clients, in violation of MCR 9.1 04(A)(7) and MCR 9.113(A) and (B); and failed to respond to a lawful demand of a disciplinary authority, in violation of MRPC 8.1 (a)(2).
The panel ordered the respondent be disbarred from the practice law in Michigan and pay restitution in the aggregate amount of $ 1,700.00. Costs were assessed in the amount of $1,936.59.
Dated:__________