NOTICE OF SUSPENSION AND RESTITUTION Case No. 02-48-MZ (Ref. 00-113-GA; 00-127-FA)
Notice Issued: February 21, 2003 Joan Marsh Simmons, P-41442, Detroit, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #26.
1. Suspension - 180 Days. 2. Effective December 22, 2001. The Grievance Administrator filed a petition on May 13, 2002, seeking entry of an order of discipline for respondent's failure to comply with the hearing panel's order of January 22, 2001, which was modified by the Board on May 10, 2001. The Grievance Administrator filed a proof of service showing that the petition was served upon respondent by regular mail addressed to her address registered with the State Bar of Michigan. Respondent did not file an answer nor did she appear at the show cause hearing held on August 19, 2002. The panel adjourned that hearing for 90 days so that the Grievance Administrator could serve the respondent at an additional address in Virginia. The Grievance Administrator subsequently filed a proof of service showing that the petition was served upon respondent at the Virginia address, yet respondent did not file an answer nor did she appear at the second hearing held on December 18, 2002. Based upon the evidence submitted by the Grievance Administrator, the panel concluded that respondent had not complied with its previous order issued January 22, 2001, in violation of MCR 9.104(A)(9).
The hearing panel ordered that respondent's license to practice law be suspended for 180 days and that respondent pay restitution in the amount of $8,150.00, as previously ordered in Grievance Administrator v Joan Marsh Simmons, Case Nos. 00-113-GA; 00-127-FA. Costs were assessed in the amount of $218.64.