NOTICE OF SUSPENSION ADB 130-89 Arthur J. Clyne, P-25043, Alma, Michigan, by Attorney Discipline Board Isabella County Hearing Panel.
1) Suspension - 180 days; 2) Effective October 2, 1989. Respondent was convicted in the United States District Court, Western District of Michigan of using a fictitious name to facilitate the receipt of child pornography through the United States mails in violation of 18 USC 1342. In accordance with MCR 9.120(A), the respondent's license to practice law was automatically suspended on August 22, 1989, the date of conviction.
In an order dated August 29, 1989, the Attorney Discipline Board granted the respondent's request to set aside the automatic suspension, effective August 25, 1989, pending further consideration by the Board. Following arguments presented to the Board on September 14, 1989, the automatic suspension was reinstated, effective October 2, 1989, the date of the respondent's incarceration at the Grand Rapids Community Corrections Center. In an order dated September 27, 1989, the Michigan Supreme Court denied a petition for superintending control filed by the Attorney Grievance Commission seeking earlier reinstatement of the automatic suspension.
Upon the filing of the judgment of conviction, the Attorney Discipline Board entered an order directing the respondent to show cause why a final order of discipline should not be entered. In mitigation, the hearing panel noted the respondent's absence of a prior disciplinary record, his cooperation with federal agents, the Attorney Grievance Commission and the Attorney Discipline Board, and his character, reputation, rehabilitation and remorse. The hearing panel ordered that the respondent be given credit for three days of the automatic suspension served from August 22 to August 25, 1989. Costs were assessed in the amount of $435.02.