MEMBERS LOUANN VAN DER WIELE CHAIRPERSON REV. MICHAEL MURRAY VICE-CHAIRPERSON DULCE M. FULLER SECRETARY JAMES A. FINK JOHN W. INHULSEN JONATHAN E. LAUDERBACH BARBARA WILLIAMS FORNEY KAREN D. O'DONOGHUE MICHAEL B. RIZIK, JR.
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 ASSOCIA TE COUNSEL SHERRY L. MIFSUD OFFICE ADMINISTRATOR ALLYSON M. PLOURDE CASE MANAGER OWEN R. MONTGOMERY CASE MANAGER JULIE M. LOISELLE RECEPTIONISTISECRETARY
NOTICE OF SUSPENSION AND RESTITUTION WITH CONDITION Case No. 16-6 -MZ (Ref. 16-4-GA); 16-68-GA Notice Issued: February 21,2017 Mary S. Hickey, P 36942, Grosse Pointe Farms, Michigan, by the Attorney Discipline Board Tri-County Hearing Panel #25.
Suspension - 180 Days, Effective February 18, 2017.1 The Grievance Administrator filed a motion for an order to show cause seeking additional discipline for respondent's failure to comply with the hearing panel's Order of 90-Day Suspension With Condition and Restitution (By Consent), issued March 1, 2016. The Grievance Administrator also filed a formal complaint (Case No. 16-68-GA) against respondent for her failure to answer a separate request for investigation. The two matters were consolidated. Respondent failed to answer either matter and failed to appear at the show cause hearing.
Based on respondent's default for failure to answer the formal complaint and the evidence presented, the hearing panel found that respondent committed professional misconduct by failing to comply with the hearing panel's March 1,2016 order. Respondent failed to file an affidavit of compliance as required by MCR 9.119(C); failed to make monthly restitution payments; failed to submit any evidence of treatment from a psychiatrist or general practitioner; failed to answer a request for investigation, in violation of MCR 9.1 04(A)(7) and MCR 9.113(A) and (B); knowingly failed to respond to a lawful demand for information by a disciplinary authority, in violation of MRPC 8.1 (a)(2); and engaged in conduct that was prejudiCial to the administration of justice, in violation of MRPC 8.4(c) and MCR 9.1 04(a)(4).
The panel ordered that respondent be suspended from practice law for 180 days. The panel also ordered that respondent be required to pay restitution plus interest to Fred Travis in the amount of $2,000 and to reimburse the Client Protection Fund of the State Bar of Michigan for the payment made by the Fund to James Murday in the amount of $7,500. In addition, as a condition to filing a petition for reinstatement, the panel ordered that respondent shall be required to submit an evaluation, dated no more than 30 days prior to the fling of a petition for reinstatement, stating that she is mentally and phy . ally' eturn to t pr ice of law. Costs were assessed in the amount of $2,015.44.
1 Respondent has been continuously suspended from the practice of law in Michigan since March 23,2016. Please see Notice of Suspension and Restitution with Conditions (By Consent), issued March 23, 2016.