STATE OF MICHIGAN Attorney Discipline Board
FiLED AT fORNEY DISCIPLJNE BOARD 09 -fEB -6 PH 2:ยท 54
GRIEVANCE ADMINISTRATOR, Attorney Grievance Commission,
v
Petitioner,
Case No. 07-96-GA
MICHAEL J. BROGAN, P 40047, Respondent. ------------,
ORDER AFFIRMING HEARING PANEL ORDER OF REVOCATION
Issued by the Attorney Discipline Board 211 W. Fort St., Ste. 1410, Detroit, MI
Respondent, Michael J. Brogan, petitioned for review of the hearing panel order of revocation entered in this matter on July 9, 2008. Respondent and the Grievance Administrator filed a stipulation for stay of discipline which was approved by order of the Attorney Discipline Board. That stay of discipline was dissolved by an order of the Attorney Discipline Board approving a subsequent stipulation establishing an October 25, 2008 effective date of the hearing panel's order of revocation. The Board has conducted review proceedings in accordance with MeR 9.118 and has considered the briefs and arguments presented at a review hearing conducted January 14,2009.
Based on the stipulation presented to the hearing paneJ on January 29,2008, respondent's professional misconduct is not at issue. On review, respondent has not shown that the hearing panel erred in its conclusion that his misappropriation of funds held on behalf of Estraletha Gonzales warranted revocation of his license to practice law under a proper application of Standard 4.11 of the American Bar Association's Standards for Imposing Lawyer Sanctions and precedent of the Attorney Djscipline Board, to wit: Grievance Administrator v Petz, ADS Case No. 99-1 02-GA, 99-103-FA (ADS 2001) and Grievance Administrator v Watts, ADS Case No. 05-151-GA (ADS 2007). Nor has it been shown that the hearing panel erred in its consideration of the aggravating and mitigating factors which may be considered under ABA Standards 9.22 and 9.32 or in its conclusion that probation under MCR 9.121 (C) would not be appropriate in this case.
NOW THEREFORE, IT IS ORDERED that the hearing panel order entered July 9, 2008 revoking the license of respondent, Michael J. Brogan, effective October 25, 2008 is AFFIRMED.
IT IS FURTHER ORDERED that respondent's license to practice law in Michigan is REVOKED EFFECTIVE OCTOBER 25, 2008, and untit further order of the Supreme Court, the Attorney Discipline Board or a hearing panel, and until respondent complies with the requirements of MeR 9.123(8) and (C) and MeR 9.124.
IT IS FURTHER ORDERED that the respondent shall comply with ell! applicable provisions of MCR 9.119.
IT IS FURTHER ORDERED that respondent shall, on or before March 7, 2009, pay costs previously assessed in the hearing panel order of July 9,2008 in the amount of $2,722.77, together
with costs incurred by the Attorney Discipline Board for the transcript of review proceedings conducted on January 14, 2009 in the amount of $115.00 for a total amount due of $2,837.77. 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 48226J for proper crediting. (See attached instruction sheet).
By:
DATED: February 6, 2009 Board members William J. Danhof, Thomas G. Kienbaum, Billy Ben Baumann, M.D., 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 member William L. Matthews, C.P.A. did not participate.
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