STATE OF MICHIGAN Attorney Discipline Board
FilED AI fDRNU DISCIPLINE ODARO 09 MAR 20 PH 2: S4
GRIEVANCE ADMINISTRATOR, Attorney Grievance Commission,
Petitioner, v JEFFREY S. NEWTON, P 41537, Respondent. -----------_./
Case Nos. 08-46-JC; 08-47-GA
ORDER INCREASING DISCIPLINE FROM A 30 DAY SUSPENSION TO A 180 DAY SUSPENSION AND MODIFYING CONDITIONS
Issued by the Attorney Discipline Board 211 W. Fort St., Ste. 1410, Detroit, MI
In an order entered February 9, 2009, the Attorney Discipline Board dismissed respondent's petition for review and dissolved the stay of discipline previously granted pursuant to MCR 9.115(K). Respondent failed to appear at the review hearing conducted by the Board on March 11, 2009. The Board has considered the cross petition for review filed by the Grievance Administrator together with the brief and arguments submitted by the Administrator. The Board has also considered Respondent's continuing failure to provide written proof that he has made restitution, as ordered by the hearing panel and his failure to appear personally at the review hearing on March 11, 2009 as required under MCR 9.118(C)(1); and the Board is otherwise fully advised,
NOW THEREFORE,
IT IS ORDERED that the discipline ordered by the hearing panel is INCREASED from a suspension of 30'days to a suspension of 180 days commencing MARCH 3,2009 and until the entry of an order of reinstatement by a hearing panel, the Attorney Discipline Board or the Supreme Court in accordance with MeR 9.123(B) and MCR 9.124.
IT IS FURTHER ORDERED that in addition to the applicable requirements of MeR 9.124(8), a petition for reinstatement filed by respondent shall be accompanied by a written evaluation from the State Bar of Michigan's Lawyers and Judges Assistance Program (LJAP) dated no more than 30 days prior to the date of the petition for reinstatement. It shall be respondent's sale responsibility to schedule the necessary interview(s) with LJAP and to pay any costs associated with the evaluation.
IT IS FURTHER ORDERED that the order of restitution and conditions imposed by the hearing panel in its order of December 17, 2008 are AFFIRMED.
IT IS FURTHER ORDERED that respondent shall, on or before April 18. 2009, pay costs previously assessed in the hearing panel order of December 17, 2008 in the amount of $2,635.38, together with costs incurred by the Attorney Discipline Board for the transcript of review proceedings conducted on March 11, 2009 in the amount of $67.00 for a total amount due of
$2,702.38. 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).
DATED:
March 20, 2009
By:
airperson
Board members William J. Danhof, Thomas G. Kienbaum, Andrea L. Solak, Rosalind E. Griffin, M.D., Carl E. Ver Beek, Craig H. Lubben and James M. Cameron, Jr. concur in this decision.
Board members William L. Matthews, C.P.A. and Billy Ben Baumann, M.D. were absent and did not participate.
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