STATE OF MICHIGAN 2ttoniep DIscipLine 33oarb MfSFH~ BOARD S9JUL 15 PM 2:32 GRIEVANCE ADMINISTRATOR, Petitioner, v Case No 97—259-GA. DEBRA A. KOPCZYNSKI, P 36366, Respondent. ______________________________________________________/
ORDER AFFIRMING HEARING PANEL ORDER OF DISCIPLINE Issued by the Attorney Discipline Board 719 Griswold Street, Suite 1910, Detroit, MI
On July 1, 1998, Tn-County Hearing Panel #102 entered a supplemental report in this matter explaining the panels reasons for its entry of an order on that date vacating its order of reprimand and entering an order of discipline imposing no discipline, citing Grievance Administrator v Deutch, 455 Mich 149; 565 NW2d 369 (1997) and Grievance Administrator v McFadden, ADB 95-200-GA, lv. den. _____ Mich _____ (1999).
The Grievance Administrator petitioned for review on the grounds that the hearing panel erred and abused its discretion by entering an order imposing no discipline in this case. The Attorney Discipline Board has conducted review proceedings in accordance with MCR 9.118 and has carefully reviewed the record below.
We decline to vacate the hearing panels order or to increase discipline to a reprimand. In particular, we note this that case is distinguishable from other matters involving an attorneys failure to answer a request for investigation by the hearing panels factual finding that respondent prepared and mailed an answer to the request for investigation which was, inexplicably, not received by the Attorney Grievance Commission. Further, we find proper evidentiary support in the whole record for that factual finding.
NOW, THEREFORE, IT IS ORDERED that the hearing panel order entered July 1, 1998 is AFFIRMED.
IT IS FURTHER ORDERED that the time for respondents payment of costs in the amount of $1027.29 is EXTENDED to December 1, 1999. ATTORNEY DISCIPLINE BOARD
By________ Aib . Holtz ChairpersO
Board Members Grant J. Gruel, Michael R. Kramer, Kenneth L. Lewis and Nancy A. Wonch concur in this decision. Board Members C. I-i. Dudley and Barbara B. Gattorn would vacate the panels order and enter an order of reprimand.
Board Members Elizabeth N. Baker, Albert L. Holtz, and Roger E. Winkelman did not participate in this decision.