BOARD MEMBERS JOHN L . COTE. CHAIRPERSON LEO A. FARHAT M S G R . CLEMENT H . KERN DAVID BAKER LEWIS. SECRETARY FRANK J . MCDEVITT. 0 . 0 . WILLIAM G. REAMON LYNN H . SHECTER.
VICE-CHAIRPERSON
STATE O F MICHIGAN
MAILING ADDRESS:
P. 0. BOX 149 DETROIT. MICHIGAN 48231
JOHN F. X . DWAIHY EXECUTIVE DIRECTOR S GENERAL COUNSEL
SUITE 1 2 6 0 3 3 3 W. FORT STREET DETROIT. MICHIGAN 4 8 2 2 6
T E L E P H O N E : ( ~ I ~9 )6 3 - 5 5 5 3
NOTICE OF REPRIMAND
ARTHUR W. WHELAN, JR. (P 22234), 26830 Koerber, St. Clair Shores, MI, 48080., by- order of the Michigan Supreme Court denying complainant 's application for Ieave to appeal the Attorney Discipline .Board order of reprimand. (1) Reprimand; (2) Effective August 2, 1982. (Announcement of discipline delayed pending appeal to Supreme Court). The Attorney Discipline Board vacated the hear- ing panel order dismissing the Formal Complaint and found that Respondent neglected processing of a certain criminal appeal. In its opinion, the Board noted that "communication be tween Respondent and complainant was infrequent and in- complete. Although complainant demanded that he be actively involved and included in the drafting of appeal pleadings, he was not always quick to assist counsel. However, Respon- dent's pursuit of complainant's input, especially concern- ing the factual issues of the case, was less than persistent. . . .t he client was allowed too much tine and judgment in the research and drafting of the appeal. Respondent should have maintained firm control of the appeal, rather than abdicate the judgment and decision making role to his client. As appellate counsel, it was ~espondent'sd uty to go forward with the action, notwithstanding the complainant-prisoner's failure or inability to supply him with information. The extreme deference to the client in this matter exacerabated the already inordinate delays which were known to Respondent ." Costs were assessed in the amount of $749.66.
3AVID Z4KEFI L ~ I SSe,c retary of the - Attorney Discipline Board
Dated: May 25, 1983