MEMBERS WILLIAM J. DANHOF
CHAIRPERSON THOMAS G. KIENBAUM VICE-CHAIRPERSON WILLIAM l. MATTHEWS, CPA
SECRETARY BILLY BEN BAUMANN, M.D. ANDREA l. SOLAK ROSALIND E. GRIFFIN, M.D. CARL E. VER BEEK
CRAIG H. LUBBEN JAMES M. CAM.ERON, JR.
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
JOHN F. VAN BOLT EXECUTIVE DIRECTOR
MARK A. ARMITAGE DEPUTY DIRECTOR
JENNIFER M. PETTY LEGAL ASSISTANT
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NOTICE OF REPRIMAND (By Consent)
Case No. 08-147-GA Notice Issued: February 18, 2009
Anthony J. Cicchelli, P 46307, Frankfort, Michigan, by the Attorney Discipline Board Grand Traverse County Hearing Panel #2.
1. Reprimand 2. Effective February 18, 2009 The respondent and the Grievance Administrator filed a stipulation for a consent order of discipline in accordance with MCR 9.115(F)(5) which was approved by the Attorney Grievance Commission and accepted by the hearing panel. Respondent pled no contest to allegations that, as an elected County Prosecutor responsible for handling traffic tickets and other civil infractions in that county, respondent requested and obtained from a district court magistrate the dismissal of a speeding ticket issued to respondent's adult step-son, who was then residing in respondent's home. Respondent offered his plea of no contest to the further charges that his representation of the people of Benzie County was materially limited by his personal interest; that he failed to withdraw from a matter when his representation would result in a violation of the Rules of Professional Conduct; and that he engaged in conduct prejudicial to the proper administration of justice, all in violation of MCR 9.1 04(A)(1 )-(4); and Michigan Rules of Professional Conduct 1.7(b); 1.16(a)(1); and 8.4(a) and (c).
The parties represented to the hearing panel that reprimand is the appropriate level of discipline under the American Bar Association's for Imposing Lawyer Sanctions and the parties noted the mitigating factors of respondent's cooperation and remorse, as well as the aggravating factor of a prior reprimand in 2005. Based upon the stipulation of the parties and the further information provided atthe hearing panel's request, the hearing panel approved the stipulation and ordered that respondent be reprimanded. Costs were assessed in the amount of $793.99.
Dated:
FEB 18 2009 -------------