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IDAHO STATE BAR v. TWAY6/18/1996
Tway personally misappropriate the money, he was obligated pursuant to I.R.P.C. 1.15(a) to safekeep Shipley's money. By allowing the money to be deposited in an underfunded trust account, Tway failed to safeguard Shipley's funds in violation of I.R.P.C. 1.15.
Tway also concedes that from the Spring of 1991 Shipley's funds were not maintained in an account in Idaho. Failure to keep Shipley's funds in an Idaho account is a violation of I.R.P.C. 1.15(a).
VII.
SANCTIONS
While the findings and recommendations of the Hearing Committee in an attorney discipline case are entitled to great weight, it is ultimately the responsibility of this Court to determine the sanctions available to the Professional Conduct Board. Idaho State Bar v. Daw, 128 Idaho at 82, 910 P.2d at 754.
The Hearing Committee has recommended that Tway be disbarred. The Hearing Committee placed great weight on the fact that Tway had been disciplined previously for similar misconduct; he made the "Nevada" arrangement with Shipley at a time when he was under charges by the Bar concerning similar transactions; and he did not disclose the problem with Shipley's funds in a deposition taken in July of 1991 in which he was specifically asked whether he had other clients for whom money was invested out-of-state.
The misconduct at issue here occurred around the same time as the misconduct for which Tway has previously been suspended, Idaho State Bar v. Tway, 123 Idaho 59, 844 P.2d 688 (1992), and appears to have been part of an ongoing pattern of misconduct which this Court has already addressed. The Court concludes that the public interest will be best served by the imposition of the maximum suspension of five years pursuant to I.B.C.R. 506(b) and the imposition of specific terms of suspension with which Tway must comply pursuant to I.B.C.R. 518(a)(4) prior to being reinstated to the practice of law in Idaho.
VIII.
CONCLUSION
The findings of the Hearing Committee that Tway violated Rules 1.3, 1.4, 8.4 and 1.15 of the Idaho Rules of Professional Conduct are supported by clear and convincing evidence in the record. Tway is suspended from the practice of law in Idaho for five years. After serving the suspension, he may apply for reinstatement pursuant to I.B.C.R. 518. Tway shall not be reinstated to the practice of law in Idaho unless he meets the following specific terms of his suspension: 1)
he shall comply with any unsatisfied conditions of the prior suspension within eighteen (18) months; 2) he shall arrange to be supervised by a member in good standing of the Idaho State Bar in the management of his trust account for a period of three (3) years from and after reinstatement; 3) he shall take and pass the requisite examinations for admission to the practice of law; 4) he shall establish all other terms of eligibility for admission to the practice of law in Idaho; 5) he shall reimburse the Idaho State Bar for the costs and expenses of investigating and prosecuting this action; and 6) he shall reimburse Shipley the $500.00 expended on the expert opinion, plus the $53.00 filing fee and the $45.00 process service fee, which amounts were deducted by Tway from Shipley's $2,500.00 deposit.
An appropriate order will issue.
McDEVITT, C.J., and TROUT and SILAK, JJ., and REINHARDT, J. Pro Tem., concur.
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