STATE OF MICHIGAN Attorney Discipline Board
09 OCT - I
PH 4: 16
GRIEVANCE ADMINISTRATOR, Attorney Grievance Commission,
Petitioner, v JOHN L. COTE, P 12249, Respondent. ------------,
Case No. 07-83-GA
ORDER OF SUSPENSION WITH CONDITIONS (After Remand)
Issued by the Attorney Discipline Board 211 West Fort, Suite 1410, Detroit, MI
This matter returns to the Board pursuant to the July 9, 2009 order of the Supreme Court denying leave to appeal from this Board's January 28, 2009 Order Affirming Hearing Panel Order of Suspension of 45 Days and Vacating Conditions. While the Court's order denied leave to appeal, it vacated this Board's March 6, 2009 order denying reconsideration of its January 28, 2009 order vacating certain conditions ordered by the hearing panel requiring respondent to give notice of his discipline to media outlets and requesting that his statements be redacted from re-telecasts of certain television episodes. The Court's order denying leave remands this matter to the Board for further consideration with respect to the vacation of the conditions. The Board has reconsidered this matter for a second time and upon such reconsideration has determined that the conditions shall be reinstated;
NOW THEREFORE, IT IS ORDERED that respondent, John L. Cote, is SUSPENDED FROM THE PRACTICE OF LAW IN MICHIGAN FOR A PERIOD OF 45 DAYS, COMMENCING SEPTEMBER 11, 2009, and until the respondent's filing of an affidavit of compliance with the Supreme Court, the Attorney Discipline Board and the Attorney Grievance Commission in accordance with MCR 9.123(A).
IT IS FURTHER ORDERED that the effective date of this order for purposes of MCR 9.119 is October 30, 2009.
IT IS FURTHER ORDERED that respondent shall be subject to the following conditions originally ordered by Kent County Hearing Panel #1 in its order of June 25, 2008
A.
Respondent shall notify all media outlets with whom he discussed this case that his license has been suspended because he was found to have made those comments improperly and without authority.
B.
C.
D.
Respondent shall request that the television shows on which he appeared redact his appearance and statements from all future re-telecasts of the episodes.
Respondent shall provide copies of all such correspondence and any responses thereto to the Grievance Administrator and the Attorney Discipline Board.
Respondent shall not be eligible for reinstatement in accordance with MCR 9.123(A) until he has fully complied with these conditions.
IT IS FURTHER ORDERED that from the effective date of this order and until reinstatement in accordance with the applicable provisions of MCR 9.123, respondent is forbidden from practicing law in any form; appearing as an attorney before any court, judge, justice, board, commission or other public authority; or holding himself out as an attorney by any means.
IT IS FURTHER ORDERED that respondent shall, in accordance with MCR 9.119(A), within seven days after the effective date of this order, notify all of his active clients. in writing, by registered or certified mail, return receipt requested, of the following:
1. 2. 3.
4.
5.
6.
the nature and duration of the discipline imposed; the effective date of such discipline; respondent's inability to act as an attorney after the effective date of such discipline;
the location and identity of the custodian of the clients' files and records which will be made available to them or to substitute counsel;
that the clients may wish to seek legal advice and counsel elsewhere; provided that if respondent is a member of a law firm, the firm may continue to represent each client with the client's express written consent;
the address to which all correspondence to respondent may be addressed.
IT IS FURTHER ORDERED that in accordance with MCR 9.119(8), respondent must, on or before the effective date of the order, in every matter in which respondent is representing a cHent in litigation, file with the tribunal and all parties a notice of respondent's disqualification from the practice of law.
IT IS FURTHER ORDERED that respondent shall, within 14 days after the effective date of the order, file with the Grievance Administrator and the Attorney Discipline Board an affidavit of compliance as required by MeR 9.119(C).
IT IS FURTHER ORDERED that respondent's conduct after the entry of this order but prior to its effective date, shall be sUbject to the restrictions set forth in MCR 9.119(0); and respondent's compensation for legal services shall be subject to the restrictions described in MCR 9.119(F).
IT IS FURTHER ORDERED that respondent shall, on or before October 29, 2009, pay costs in the amount of $5,423.32. Check or money order shall be made payable to the State Bar of Michigan, but submitted to the Attorney Discipline Board [211 West Fort St., Ste. 1410, Detroit, MI 48226] for proper crediting. (See attached instruction sheet).
By:
irperson
DATED: October 1, 2009
Board members William J. Danhof, Thomas G. Kienbaum, Andrea L. Solak, Rosalind Griffin, M.D., Carl E. Ver Beek concur in this decision.
Board members William L. Matthews, C.P.A., Craig H. Lubben and James M. Cameron were recused and did not participate.
Board member Billy Ben Baumann, M.D., did not participate.