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Matter of Shannon6/21/1994
ugh we recognize that State Bar employees are not technically public sector employees, their status approximates that of public sector employees. Accordingly, we find that a per-page rate, prevailing in the community for similar work, is an appropriate measure of the cost for transcription services employees of the State Bar provided in connection with this hearing.
In this case, the $4-per-page charged by the State Bar for transcription services its employees provided was based on an informal survey of the per-page charges that independent court reporters charged the State Bar in different disciplinary cases. The charges range from $3.91 per page to $5.47 per page. Court reporters charged less than $4.00 per page in only 2 of the 7 cases surveyed. The $4-per-page that the State Bar is requesting falls within the per-page rate prevailing in the community for similar work and thus is both reasonable and recoverable by the State Bar.
b. Duplicative Expenses
Respondent also claims that the charges for Bar counsel's routine in-state travel expenses, office supplies, and the staff investigator's time are duplicative of the $450 charged for screening and administration. Respondent's claim, however, is not supported by the evidence. According to the Statement of Costs and Expenses that the State Bar submitted and to Rosemary B. Martin's affidavit, the amount charged for screening and administration solely reflects costs associated with screening or investigating disciplinary claims and "general" administrative costs incurred by the State Bar from the assignment of a case to a hearing committee through the Conclusion of the case. These "general" administrative costs include charges for such things as administrative time expended by staff bar counsel, legal assistants, secretaries, typists, file clerks and messengers, postage charges, telephone costs, normal office supplies, and other factors normally attributed to office overhead. Ms. Martin specifically averred that travel expenses and staff investigator's times were not included in the amount charged for screening and administration. The Statement of Costs and Expenses submitted reflects charges for supplies purchased specifically for this case. We therefore find that Respondent's claim that he is being charged twice for the same expenses is unfounded.
Conclusion
We agree with the Commission that clear and convincing evidence supports the findings that as to Count One, Respondent violated ERs 1.4(a), 1.4(b), 1.7(b), 3.3, 8.4(c), and 8.4(d), and that as to Count Two, Respondent violated ERs 1.15 and 3.2. We further find clear and convincing evidence that, as to Count Two, Respondent violated ER 8.4(d). We also agree with the Commission's findings as to the aggravating and mitigating factors that were applicable in this case. Finally, although we approve of the one-year suspension recommended by the Commission, we find that Respondent's continued failure to understand the nature of his acts compels us to take further steps to protect the public. Accordingly, as a pre-condition of reinstatement, we require Respondent to successfully complete a course in ethics at an accredited college of law, to pass the Multistate Professional Responsibility Examination, and to complete the Professionalism Course offered by the Arizona State Bar.
Disposition
Respondent is suspended for a period of one year. Before applying for reinstatement, Respondent must successfully complete a course in ethics at an accredited college of law, pass the Multistate Professional Responsibility Examination, and complete the Professionalism Course offered by the Arizona State Bar. Respondent shall also pay $8,060.52 to t
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