DISMISSAL Case No. 99-06-GA Ronald C. Wernette, Jr., P-44744, Detroit, Michigan, by Tri-County Hearing Panel #30.
1. Dismissal. 2. Effective May 5, 2000. The Grievance Administrator filed Formal Complaint 99-06-GA on January 12, 1999, charging that respondent had committed acts of professional misconduct, specifically; that respondent advised opposing counsel that a deposition would not proceed because respondent had not subpoenaed the witness to appear; yet respondent had informed the witness that opposing counsel could not attend and subsequently took a sworn statement from the witness, in the opposing counsel=s absence, after allegedly threatening the witness with 90 days in jail if he did not provide the statement. Respondent was also alleged to have knowingly made false statements in his answer to the request for investigation from the Grievance Administrator. Respondent was alleged to be in violation of MCR 9.103(C); MCR 9.104(1)-(4), (6) and (7); MCR 9.113(A); MCR 9.113(B)(2); and Michigan Rules of Professional Conduct 4.1; 4.4; 8.1(b); and 8.4(a)-(c).
The hearing panel conducted hearings on April 23, 1999; June 10, 1999; July 22, 1999; and October 4, 1999 and filed a report concluding that professional misconduct had not been established. The panel entered an order dismissing Formal Complaint 99-06-GA. No costs were assessed against respondent.