MEMBERS LOUANN VAN DER WIELE 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 MICIDGAN 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 ADMINISTRATOR
ALLYSON M. PLOURDE CASE MANAGER OWEN R. MONTGOMERY CASE MANAGER JULIE M. LOISELLE RECEPTION/STISECRETARY
NOTICE OF SUSPENSION WITH CONDITIONS Case Nos. 17-122-JC; 17-123-GA Notice Issued: March 19, 2018 Benjamin N. Rucker, P 39497, Lansing, Michigan, by the Attorney Discipline Board Ingham County Hearing Panel #5.
Suspension - 180 Days, Effective March 16, 20181 Respondent was found guilty of direct criminal contempt by the 35th Circuit Court, for appearing before the court while visibly intoxicated. Based on this, the panel found that respondent violated the criminal laws of the State of Michigan, contrary to MCR 9.104(5). Additionally, based on respondent's default for failing to answer the formal complaint, the hearing panel found that respondent committed professional misconduct by failing to report his criminal contempt conviction and by failing to respond to two requests for investigation.
The panel found that respondent failed to report his conviction, in violation of MCR 9.120(A)(1); violated, or attempted to violate, the Rules of Professional Conduct, in violation of MRPC 8.4(a); failed to answer two Requests for Investigation, in violation of MCR 9.104(7), MCR 9.113(A), and (B)(2); and engaged in conductthat Involved dishonesty, fraud, deceit, misrepresentation orviolation ofthe criminal law where such conduct reflected adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer, in violation of MRPC 8.4(b). Respondent was also found to have violated MCR 9.104(1)-(4); and MRPC 8.4(a) and (c).
The panel ordered that respondent's license to practice law in Michigan be suspended for 180 days. The panel also ordered that, at the time he petitions for reinstatement, respondent will be required to include an evaluation showing that he is both mentally and medically fit to practice law. Costs were assessed in the amount of $1,872.26.
·~a~ Mark A. Armitage Executive Director
1Respondent has been continuously suspended from the practice of law in Michigan since December 26, 2017. Please see Notice of Interim Suspension Pursuant to MeR 9.11S(H)(1), issued January 2, 2018.