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In re Whitmer3/11/1992
n mitigation, there was a lack of a dishonest or selfish motive, rather, the conduct was the result of careless supervision; there has been delay in the disciplinary proceedings (the conduct occurred eight to ten years ago); and, finally, Respondent voluntarily withdrew from the practice of law in 1985.
Bar counsel, Respondent, Respondent's counsel, the ABA Standards, and the hearing committee all agree that censure is the appropriate sanction. The Commission agrees, as well, believing a public censure is sufficient to fulfill the purpose of the disciplinary proceedings, which is to protect the public and deter similar conduct by other lawyers. In re Rivkind, 164 Ariz. 154, 791 P.2d 1037 (1990). Therefore, the Commission orders Respondent be censured.
DONE at Yuma, Arizona, on January 6, 1992.
/s/ Larry W. Suciu
Larry W. Suciu
Chairman
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