MEMBERS LORI McALLISTER
CHAIRPERSON WILLIAM J. DANHOF VICE-CHAIRPERSON WILLIAM L. MATTHEWS, CPA SECRETARY GEORGE H. LENNON BILLY BEN BAUMANN, M.D.
HON. RICHARD F. SUHRHEINRICH ANDREA L. SOLAK THOMAS G. KIENBAUM ROSALIND E. GRIFFIN, M.D.
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
JOHN F. VAN BOLT EXECUTIVE DIRECTOR MARK A. ARMITAGE DEPUTY DIRECTOR
JENNIFER M. PETIY LEGAL ASSISTANT
211 WEST FORT ST. SUITE 1410
DETROIT, MICHIGAN 48226-3236 PHONE: 313-963-5553 FAX: 313-963-5571 WWW.ADBMICH.ORG
NOTICE OF SUSPENSION WITH CONDITIONS Case No. 08-59-MZ (Ref. 07-91-GA; 07-106-FA)
Notice Issued: September 15, 2008 R. Earl Selby, P 30058, Bay City, Michigan, by the Attorney Discipline Board Tri-Valley Hearing Panel #2.
1. 2.
Suspension - 179 Days Effective February 10, 2008
The Grievance Administrator filed a petition for order to show cause on April 29, 2008 seeking additional discipline for respondent's failure to comply with the hearing panel's December 10, 2007 order. Specifically, the Grievance Administrator alleged that while respondent was suspended for non-payment of costs, he continued to hold himselfout as an attorney and appeared in court in violation of MCR 9.1 04(A)(9) and MCR 9.119.
Based upon the evidence presented at the show cause hearing, the panel concluded that respondent, while suspended from practice for the non-payment of costs, continued to hold himself out as an attorney and appeared in court in violation of MCR 9.104(A)(9) and MCR 9.119. However, the panel concluded that respondent's conduct was not intentional but seriously negligent.
The panel ordered that respondent's discipline be increased to a 179 day suspension, effective February 10, 2008. The panel also ordered that respondent shall continue to be subject to the provisions of the two year probation, as ordered in Grievance Administrator v R. Earl Selby, Case Nos. 07-91-GA; 07-106-FA. Additionally, the panel ordered that respondent shall be subject to an additional condition, which will commence upon respondent's reinstatement to the active practice of law. Total costs were assessed in the amount of $471.57.
SEP 15 2008 Dated: ---------