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NOTICE OF SUSPENSION AND RESTITUTION ADB 100-89; 108-89 James D. Hills, P-14978, Portage, Michigan, by the Attorney Discipline Board vacating a hearing panel order of reprimand.

1) Suspension - thirty days; 2) Effective May 12, 1990. The respondent failed to answer the formal complaint but appeared at the hearing held in Battle Creek on August 30, 1989. Respondent's default was entered and the hearing panel determined that the default established the allegations of the formal complaint.

The respondent accepted a $300.00 legal fee while his license was suspended, and failed to answer a request for investigation.

Respondent's conduct was found to be in violation of MCR 9.104(1-4,7,8); MCR 9.103(C); MCR 9.113(B)(2); MCLA 600.916; and Canons 1, 2 and 3 of the Code of Professional Responsibility, DR 1-102(A)(1,3-6); DR 2-106(A); and DR 3-101(B). The Attorney Discipline Board Calhoun County Hearing Panel imposed a reprimand with conditions and restitution.

The Grievance Administrator filed a petition for review seeking an increase in the discipline imposed. After consideration of the record, the Attorney Discipline Board vacated the order of reprimand and imposed a thirty-day suspension with restitution to the complainant in the amount of $300.00. The respondent filed a motion for reconsideration which was denied by the Board in an order dated April 20, 1990. Costs were assessed in the amount of $282.73.

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