NOTICE OF REVOCATION Case No. 90-137-GA Jeffrey W. VanTreese, P31858, West Palm Beach, Florida (formerly of Charlevoix County, Michigan), by the Attorney Discipline Board affirming a hearing panel Order of Revocation.
1) Revocation; 2) Effective May 2, 1991. Respondent answered the formal complaint, but failed to appear at the hearing held in Detroit on March 20, 1991. The panel granted petitioner's motion to enter a default based on respondent's non-appearance, and concluded that the default established the allegations of professional misconduct contained in the formal complaint. On May 2, 1991, Tri-County Hearing Panel #11 entered its order of Revocation, to be effective on that date.
Respondent filed a timely petition for review and stay of discipline. The petition for stay of discipline was denied by the Attorney Discipline Board. On review, the Attorney Discipline Board concluded that respondent's default was improperly entered, and that no evidence was entered in support of the allegations contained in Count III of the formal complaint. Count III was therefore dismissed. The Board further concluded that the allegations contained in Counts I, II and IV had been established by a preponderance of the evidence, and affirmed the hearing panel Order of Revocation.
Respondent accepted cocaine from a client in partial exchange for legal services rendered in defending her against criminal charges of the delivery of cocaine; encouraged his client not to give truthful testimony to a grand jury; and was himself convicted by guilty plea of the offense of use of cocaine and possession of cocaine less than 25 grams, which plea was taken under advisement.
Respondent's conduct was found to be in violation of MCR 9.104 (1-5); Canons 1 and 7 of the then-applicable Code of Professional Responsibility, DR 1-102(A)(3-6); DR 7-101(B)(2); and the Michigan Rules of Professional Conduct, 8.4(b). Costs were assessed in the amount of $1045.34.
Respondent filed a motion for reconsideration, which was denied by the Board on March 17, 1992. Respondent filed an application for leave to appeal, which was denied by the Michigan Supreme Court on September 28, 1992.