DISMISSAL Case No. 94-186-GA Geoffrey N. Fieger, P-30441, Southfield, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #79.
1. Dismissal. 2. Effective May 25, 1999 On October 12, 1994, the Grievance Administrator filed a formal complaint alleging that respondent made knowingly false or reckless statements about various judges and a county prosecutor in violation of MCR 9.104(1)-(4); and Michigan Rules of Professional Conduct 3.5(c); 8.2(a); and 8.4(a)-(c). Respondent filed a motion for summary disposition which was granted by the panel. The Grievance Administrator filed a complaint for mandamus with the Supreme Court who, on June 8, 1995, vacated and remanded the matter to the panel for further proceedings. On October 4, 1995, the Supreme Court vacated its June 8, 1995 order and gave the Attorney Grievance Commission until October 25, 1995 to file a petition for review with the Attorney Discipline Board. The Grievance Administrator filed a petition for review on October 24, 1995 and, upon review, the Board issued its order and opinion vacating the panel=s order of dismissal and remanding to the panel for further consideration.
The respondent renewed his motion for summary disposition and filed a motion for more definite statement. The panel entered an order granting the motion for more definite statement regarding Count Two. The Grievance Administrator filed an amended formal complaint on October 21, 1996. The hearing panel granted respondent=s motion for summary disposition and dismissed the matter on November 27, 1996. The Grievance Administrator filed a petition for review and the Board affirmed the dismissal of Count Three and reversed the panel=s dismissal of Counts One and Two and remanded the matter to the hearing panel for further hearing.
The Grievance Administrator=s motion to disqualify the hearing panel was denied by the Board=s Chairperson and subsequently by the Supreme Court after the Grievance Administrator filed a complaint for mandamus. After four hearings, the panel issued an order of dismissal as to Counts One and Two. The Grievance Administrator filed a petition for review, as well as a request for review of the Board Chairperson=s denial of the motion to disqualify the hearing panel. On May 3, 1999, the Board entered its order affirming dismissal. The Grievance Administrator filed an application for leave to appeal with the Supreme Court on May 21, 1999. The Supreme Court remanded the matter to the Board in lieu of granting leave to appeal on June 27, 2000. The Board remanded to the hearing panel for a supplemental report with regard to Count One only and, on May 16, 2002, the hearing panel issued its supplemental report and order after remand again dismissing the matter.
The Grievance Administrator filed a petition for review and the Board issued its opinion and order affirming the panel=s order of dismissal after remand. On October 21, 2002, the Grievance Administrator filed an application for leave to appeal with the Supreme Court which was denied on October 30, 2003.