BOARD MEMBERS WILLIAM G. REAMON. CHAIRPERSON Martin H. Doctoroff BERNADINE N. DENNING. SECRETARY
JOHN L. COTE
PATRICK J. KEATING, Vice-Chairperson CHARLES C . VINCENT. M. 0.
STATE O F MICHIGAN
NOTICE OF REPRIMAND
JOHN F . X . OWAIHY EXECUTIVE OIRECTCR & GENERAL C O U N S E L
SUITE 1 2 6 0 3 3 3 W. FORT S T R E E T DETROIT . MICHIGAN 48225 -
T E L E P H O N E : (313 ) 9 6 3 - 5 5 5 3
ROBERT F. WICR (P 25964), 433 W. Univers i ty Dr ive , P o s t O f f i c e Box 8056, Rochester , M I , 48063, by Attorney D i s c i p l i n e Board Wayne County Hearing Panel #22.
( 1) Reprimand ; (2 ) E f f e c t i v e March 15 , 1985.
The hearing panel found t h a t Respondent was r e t a ined i n two crim- i n a l appea l mat te rs . The panel found t h a t Respondent advised the c l i e n t t h a t he would n o t and c o u l d n o t c o n t i n u e t o p r o s e c u t e t h e a p p e a l s u n l e s s a t l e a s t a po r t ion of the f e e s were paid and funds pro- vided to purchase t r a n s c r i p t s of the c r imina l t r i a l s ; a t a l l times the c l i e n t knew t h a t un less p a r t i a l payment was made, the appea l would n o t be prosecuted. However, the panel found t h a t Respondent " .. .e ssen- t i a l l y d id nothing to r e so lve t h i s dilemma and , a s a consequence, the two appea ls were l e f t i n a s t a t e of -limbo u n t i u l t i m a t e l y , a s a con- sequence of the c l i e n t ' s i n i t i a t i v e , [ the c l i e n t ] was dec lared i n d i g e n t and was [ appv in t ed counse l ] . " Although the panel found t h a t t he re was no pre judice to the c l i e n t , they found t h a t t h e r e was a de lay r e s u l t i n g from Respondent's n e g l e c t , and t h a t Respondent was under a duty t o e i t h e r prosecute the appea l s o r move t o have h i s c l i e n t dec lared an i n d i g e n t and move f o r withdrawal from the m a t t e r . The panel noted no p r i o r record of d i s c i p l i n e ; c o s t s were a s se s sed i n the amount of $1,009.98.
ji Gtjneral Counsel
Dated:
March 20, 1985