BOARD MEMBERS FREDERICK G. BUESSER. JR. COT^, JOHN L. CHAIRPERSON
MSGR. CLEMENT H. KERN
DAVID BAKER LEWIS, SECRETARY FRANK J. MCDEVITT. 0 . 0 .
WILLIAM G. REAMON LYNN H. SHECTER. VICE-CHAIRPERSON
STATE O F MICHIGAN DiStiplinp
JOHN F. X. DWAIHY COUNSEL/ADMINISTRATOR
SUITE 1 2 6 0 3 3 3 W. FORT STREET
DETROIT, MICHIGAN 4 8 2 2 6 TELEPHONE: (3131 9 6 3 - 5 5 5 3
This i s to inform the Courts of the Sta te of Michigan of the following Order of Discipline: NOTICE OF SUSPENSION Fi le No. DP-55/80 Related: 37388 JOHN D. DANAHEY (P12468), 20947 Mack Avenue, Grosse Pointe Woods, MI 48236, by Attorney Discipline Board Oakland Circui t Hearing Panel "E". (1 ) Suspension; (2) For a period of two years; (3 ) Effective October 13, 1980.
Respondent was charged in a two-count Formal Complaint with violat ions of a pr ior disciplinary Order of Suspension, t o wit:
I
I
f a i l u r e , neglect and/or refusal t o notify h is c l i en t s of said suspen- sion, f a i l u r e neglect and/or refusal t o f i l e an Affidavit of Compliance with pertinent discipl inary rules, holding himsel f out as a person * licensed t o pract ice law during the period of said suspension (i.e . , acceptance of fees , f i l i n g amended answer t o divorce complaint) in violation of Canon 1 , DR 1-102 ( A ) (3-4), Canon 3, DR 3-101 ( B ) of the Code of Professional Responsi bi 1i t y and GCR 953 (1- 4). Respondent was also charged with f a i l u r e to answer the Grievance Administrator's Request for Investigation i n regard t o the aforementioned substantive violat ions, said f a i l u r e t o answer being in violat ion of Canon 1 , DR 1-102 (A) (5 ) of the Code of Professional Responsibility and GCR 953 (1-4) and ( 7 ) .
The Hearing Panel found tha t Respondent did f a i l t o notify his c l i e n t s of his suspension and did f a i l t o f i l e an Affidavit of Compliance as required by pertinent discipl inary court rules and, fur ther , t ha t Respondent did receive the Request for Investigation and fa i led to answer the same. The Hearing Panel a l so found t h a t Respon- dent did pract ice w i t h f u l l knowledge tha t he was doing so while under an Order of Suspension. In regard to the acceptance of payment of legal fees while under suspension, the Panel noted tha t there was no factual showing tha t said fees were presented f o r services rendered during the term of discipl inary suspension; however, i t was speci f ica l ly noted by the Panel t h a t Respondent prepared an amended answer in a divorce action during the suspension. Respondent was found t o have violated Canons 1 and 3 of the Code of Professional Responsibility,
DR 1-102 ( A ) (3 -4 ) ( 5 ) , and GCR 953 (1-4) and (7 ) . Respondent was assessed costs in the amount of $220.75..
October 21 , 1980.
ATTORNEY D I S C I P L I N EB OARD
-
U
t