FILED ATTORNEY DISCIPLINE BOARD June 18, 2021
STATE OF MICHIGAN Attorney Discipline Board
In The Matter of The Reinstatement Petition of PETER T. HOWE, P 57973, Petitioner/Appellee. /
Case No. 19-77-RP
ORDER VACATING HEARING PANEL ORDER OF ELIGIBILITY FOR REINSTATEMENT WITH CONDITION AND DENYING PETITION FOR REINSTATEMENT
Issued by the Attorney Discipline Board 333 W. Fort St., Ste. 1700, Detroit, MI This matter is before the Attorney Discipline Board on the filing of the Grievance Administrator’s petition seeking review of an order entered by Tri-County Hearing Panel #66 on October 20, 2020, granting petitioner’s eligibility for reinstatement with a certain condition. The Attorney Discipline Board has conducted review proceedings in accordance with MCR 9.118. Based upon a review of the whole record, including consideration of the briefs and arguments presented to the Board at a virtual review hearing conducted via Zoom video-conferencing on February 17, 2021, the Board has concluded that there is insufficient evidentiary support in the record to support the hearing panel’s conclusion that petitioner has established the criteria for reinstatement set forth in MCR 9.123(B) by clear and convincing evidence.
NOW THEREFORE, IT IS ORDERED that the hearing panel’s Order of Eligibility for Reinstatement With Condition issued October 20, 2020, is VACATED for the reasons set forth in the accompanying opinion.
IT IS FURTHER ORDERED that the petition for reinstatement filed by petitioner August 1, 2019, is DENIED.
IT IS FURTHER ORDERED that pursuant to MCR 9.123(D)(4), petitioner will be eligible to file a new petition for reinstatement one year from the effective date of the most recent hearing panel order granting reinstatement, on or after October 20, 2021.
IT IS FURTHER ORDERED that respondent shall, on or before July 17, 2021, pay costs incurred by the Attorney Discipline Board for the transcript of the review proceedings conducted on February 17, 2021, in the amount of $125.00. Please refer to the attached cost payment instruction sheet for method and forms of payment accepted.
ATTORNEY DISCIPLINE BOARD
DATED: June 18, 2021
By:
______________________________ Jonathan E. Lauderbach, Chairperson
Board members Jonathan E. Lauderbach, Barbara Williams Forney, Karen D. O'Donoghue, Linda S. Hotchkiss, M.D., Michael Hohauser, Alan Gershel, and Linda M. Orlans concur in this decision.
Board member Michael B. Rizik, Jr. is recused and did not participate. Board member Peter A. Smit was absent and did not participate.