NOTICE OF SUSPENSION (Pending Appeal)
Case No. 01-94-GA Notice Issued: September 10, 2003 David H. Raaflaub, P 29975, Ann Arbor, Michigan, by the Attorney Discipline Board vacating the Washtenaw County Hearing Panel #1's order of a 180 day suspension.
1. Suspension - 1 Year 2. Effective August 26, 2003 The hearing panel found that respondent, in a motion filed with the Michigan Court of Appeals in a criminal matter, made false accusations concerning an assistant prosecutor and a circuit court judge and that he made these accusations with reckless disregard as to their truth or falsity. Respondent=s conduct was in violation of MCR 9.104(1)-(4); and Michigan Rules of Professional Conduct 8.2(a); and 8.4(a)-(c).
The hearing panel ordered that respondent be suspended for 180 days. Respondent petitioned for review and requested a stay of discipline which was granted by the Attorney Discipline Board. The Attorney Discipline Board conducted a review hearing and on June 16, 2003, issued an order vacating the hearing panel=s order and increasing the discipline from a 180 day suspension to a one year suspension. Respondent filed a motion for reconsideration and a motion for stay pending reconsideration. The Attorney Discipline Board granted the stay and on August 4, 2003, issued an order denying respondent=s motion for reconsideration.
Respondent filed an application for leave to appeal and a motion for stay with the Michigan Supreme Court. On August 25, 2003, respondent=s motion for a stay was denied and his application for leave to appeal is currently pending before the Supreme Court.