MEMBERS WILLIAM P. HAMPTON
CHAIRPERSON LORI McALLISTER
VICE-CHAIRPERSON MARIE E. MARTELL
SECRETARY REV. IRA COMBS, JR. GEORGE H. LENNON
BILLY BEN BAUMANN, M.D. HON. RICHARD F. SUHRHEINRICH WILLIAM J. DANHOF WILLIAM L. MATTHEWS, CPA
STATE OF MICHIGAN 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!.t MICHIGAN 48226-3236
PHvNE: 313-963-5553 FAX: 313-963-5571 WWW.ADBMICH.ORG
NOTICE OF REVOCATION Case No. 05-132-MZ (Ref. 05-77 -GA) Notice Issued: February 28, 2006 Barry D. Herbach, P 25375, Grand Rapids, Michigan, by the Attorney Discipline Board Kent County Hearing Panel #5. 1 . Revocation 2. Effective February 28, 20061 The Grievance Administrator filed a petition on November 1, 2005 seeking entry of an order increasing discipline for respondent's failure to comply with the hearing panel's order of suspension entered September 6,2005 in Grievance Administrator v Barry D. Herbach, Case No. 05-77-GA.
Specifically, while suspended, respondent continued to practice law; appeared before a court; and held himself out as an attorney. Respondent also failed to file a notice of his disqualification from the practice of law with the Kent County Circuit Court; failed to pay the restitution and costs as ordered by the hearing panel; and failed to file the affidavits required under MCR 9.119 showing compliance with the hearing panel's order.
The respondent did not file an answer nor did he appear at the show cause hearing held on January 5, 2006. Based upon the evidence submitted by the Grievance Administrator, the panel concluded that respondent, in violation of MCR 9.1 04(A)(9), had not complied with its previous order.
The hearing panel ordered that respondent's license to practice law be revoked. Costs were assessed in the amount of $1,756.12.
John F. Van Bolt
Dated: February 28. 2006
1 Respondent has been continuously suspended from the practice of law in Michigan since September 28, 2005. See Notice of Suspension and Restitution issued September 30, 2005.