NOTICE OF REPRIMAND AND RESTITUTION (By Consent)
Case No. 00-119-GA Notice Issued: January 11, 2001 James A. Tucker, P-21608, Detroit, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #25.
1. Reprimand; 2. Effective January 10, 2001. 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 offered a plea of no contest to the charges of misconduct contained in paragraphs 7(b), (c) and (d) of Formal Complaint 00-119-GA, specifically: In an appeal in connection with a divorce matter, respondent failed to provide the Court of Appeals with a copy of the November 30, 1998 order denying a new trial, even though he was requested to do so; failed to provide the Court of Appeals with a copy of the order even after being provided with a copy of the order by opposing counsel on or about December 30, 1998; and failed to advise his client that the appeal had been dismissed. Respondent=s conduct was in violation of MCR 9.104(1)-(4); and Michigan Rules of Professional Conduct 1.1(c); 1.3; 1.4 and 8.4(a)-(c). The parties further agreed that paragraphs 7(a) and (e) of Formal Complaint 00-119-GA may be dismissed.
The hearing panel ordered that respondent be reprimanded and pay restitution in the amount of $3,000.00. Costs were assessed in the amount of $162.84.