STATE OF MICHIGAN Attorney Discipline Board
2020-Apr-30
GRIEVANCE ADMINISTRATOR, Attorney Grievance Commission,
Petitioner, v JOHN P. LOZANO, P 52862, Respondent. /
Case No. 19-31-GA
BOARD ORDER INCREASING DISCIPLINE FROM A THREE-YEAR SUSPENSION TO DISBARMENT AND AFFIRMING RESTITUTION
Issued by the Attorney Discipline Board 333 W. Fort St., Ste. 1700, Detroit, MI
Genesee County Hearing Panel #1 issued an Order of Suspension and Restitution on September 11, 2019, suspending respondent’s license to practice law for a period of three years and requiring him to pay restitution in the amount of $3,500.00. The Grievance Administrator petitioned the Attorney Discipline Board for review of the hearing panel’s order as to the level of discipline only. The Attorney Discipline Board has conducted review proceedings in accordance with MCR 9.118, including review of the record before the hearing panel and consideration of the arguments and briefs presented by the parties. For the reasons discussed in the attached opinion, discipline is increased to disbarment and the restitution provision is affirmed.
NOW THEREFORE, IT IS ORDERED that discipline in this case is increased from a suspension of three years to a DISBARMENT EFFECTIVE OCTOBER 3, 2019, and until further order of the Supreme Court, the Attorney Discipline Board or a hearing panel, and until respondent complies with the requirements of MCR 9.123(B) and MCR 9.124.
IT IS FURTHER ORDERED that restitution in the amount of $3,500.00 to Rochelle C.Klim, as ordered by Genesee County Hearing Panel #1, is AFFIRMED. Respondent shall file written proof of payment with the Attorney Grievance Commission and the Attorney Discipline Board within 10 days of the payment of restitution.
IT IS FURTHER ORDERED that respondent shall not be eligible for reinstatement in accordance with MCR 9.123(B) unless respondent has fully complied with the restitution provisions of this order.
IT IS FURTHER ORDERED that the respondent shall comply with all applicable provisions of MCR 9.119.
IT IS FURTHER ORDERED that respondent shall, on or before May 29, 2020, pay costs incurred by the Attorney Discipline Board for the transcript of the review proceedings conducted on February 19, 2020 in the amount of $83.66. This amount is in addition to the costs previously assessed in the hearing panel order of September 11, 2019, together with interest pursuant to MCR 9.128. Total costs assessed and owed are $2,274.91. Check or money order shall be made payable to the Attorney Discipline System, and submitted to the Attorney Discipline Board [333 W. Fort St., Suite 1700, Detroit, MI 48226] for proper crediting. (See attached instruction sheet).
By:
ATTORNEY DISCIPLINE BOARD
Jonathan E. Lauderbach, Chairperson
Dated: April 30, 2020
Board members Jonathan E. Lauderbach, Barbara Williams Forney, James A. Fink, Karen D. O'Donoghue, and Michael S. Hohauser concur in this decision.
Board members Michael B. Rizik, Jr., John W. Inhulsen, Linda Hotchkiss, MD., and Peter Smit were absent and did not participate.