MEMBERS WILLIAM J. DANHOF
CHAIRPERSON THOMAS G. KIENBAUM
VICE-CHAIRPERSON ROSALIND E. GRIFFIN, M.D.
SECRETARY WILLIAM L. MATTHEWS ANDREA L. SOLAK CARL E. VER BEEK CRAIG H. LUBBEN JAMES M. CAMERON, JR. SYLVIA P. WHITMER, Ph.D
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
JOHN F. VAN BOLT EXECUTIVE DIRECTOR MARK A. ARMITAGE DEPU7Y DIRECTOR
JENNIFER M. PETTY LEGAL ASSISTANT
211 WEST FORT ST. SUITE 1410 DETROIT.. .. MICHIGAN 48226-3236 PHuNE: 313-963-5553 FAX: 313-963-5571 WWW.ADBMICH.ORG
NOTICE OF ORDER OF DISCIPLINE IMPOSING "NO DISCIPLINE" ON REMAND (By Consent)
Case No. 08-37-GA Notice Issued: May 9, 2011
David G. Gorcyca, P 41352, Royal Oak, Michigan, by the Tri-County Hearing Panel #7, after the Attorney Discipline Board vacated Tri-County Hearing Panel #27's Order of Dismissal and remanded for hearing.
1. Order Imposing "No Discipline" 2. Effective May 5,2011 Respondent filed a motion for summary disposition, which was granted by Tri-County Hearing Panel #27, and an order of dismissal was issued on November 26,2008.
The Grievance Administrator filed a petition for review. After review, the Board vacated Tri-County Hearing Panel #27's order of dismissal and remanded the matter to Tri-County Hearing Panel #7 for a hearing.
On March 9, 2011, the respondent and the Grievance Administrator submitted a stipulation for consent order of discipline in accordance with MCR 9.115(F)(5). The stipulation was approved by the Attorney Grievance Commission and was accepted by the hearing panel. The stipulation contains respondent's plea of no contest to the allegation that he made extrajudicial statements that a reasonable person would expect to be disseminated by means of public communication that the lawyer knows or reasonably should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding, in violation of Michigan Rules of Professional Conduct 3.6.
Based on respondent's plea, that parties agreed that the specific facts and circumstances presented in this case warrant the entry of an order of discipline which imposes "no discipline" in accordance with Grievance Administrator v Deutch, 455 Mich 149 (1997). Costs were assessed in the amount of $1,713.52.
Dated: _______