MEMBERS LOUANN VAN DERWIELE CHAIRPERSON REV. MICHAEL MURRAY VICE-CHAIRPERSON BARBARA WILLIAMS FORNEY SECRETARY
JAMES A. FINK JOHN W. INHULSEN JONATHAN E. LAUDERBACH KAREN D. O'DONOGHUE MICHAEL B. RIZIK, JR. LINDA S. HOTCHKISS, MD
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
211 WEST FORT STREET, SUITE 1410
DETROIT, MICHIGAN 48226-3236 PHONE: 313-963-5553 I FAX: 313-963-5571
MARK A. ARMITAGE EXECUTIVE DIRECTOR
WENDY A. NEELEY DEPUTY DIRECTOR
KAREN M. DALEY ASSOCIATE COUNSEL
SHERRY L. MIFSUD OFFICE ADMIN/STRA TOR ALLYSON M. PLOURDE CASE MANAGER
OWEN R. MONTGOMERY CASE MANAGER
JULIE M. LOISELLE RECEPTION/STISECRETARY
AMENDED1 NOTICE OF REPRIMAND (By Consent)
Case No. 18-36-GA Notice Issued: June 5, 2018 David W. Jones, P 57103, Detroit, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #27.
Reprimand, Effective May 30, 2018 The respondent and the Grievance Administrator filed a Stipulation for Consent Order of Discipline, in accordance with MCR 9.115(F)(5), which was approved by the Attorney Grievance Commission and accepted by the hearing panel. The stipulation contained respondent's admissions to the allegations that he committed acts of professional misconduct as the result of his improper use of an IOLT A account from July 2015 though May 2016. Based upon respondent's admissions and the stipulation of the parties, the panel found that respondent deposited his own funds in a client trust account in excess of an amount reasonably necessary to pay financial institution service charges or fees or to obtain a waiver of service charges or fees, in violation of MRPC 1.15(f); and held funds other than client or third person funds in an IOLT A, in violation of MRPC 1.15(a)(3). Respondent was also found to have violated MCR 9.104(3) and (4); and MRPC 8.4(a).
In entering its finding of misconduct, the panel acknowledged the parties' agreement that respondent's mental state was negligent and, specifically, paragraph 3 of the stipulation, which stated "during the period in question, no client funds were deposited into or distributed from the trust account at issue in the Formal Complaint. Thus, there was no commingling of Respondent's personal funds in the account with funds belonging to a client."
In accordance with the stipulation of the parties, the panel ordered that respondent be reprimanded. Costs were assessed in the amount of $758.20.
~Mark A. Armitag ~e Executive Director
1 Added hearing panel's acknowledgment of paragraph 3 of the parties Stipulation for Consent Order of Discipline.