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Matter of Shannon6/21/1994
would also remand this matter to the State Bar for a determination as to whether respondent did, in fact, voluntarily remove himself from the practice of law as he claims. If so, I would be inclined to give him credit for that time against any sanction imposed. The purpose of discipline, or so we like to say, is to protect the public rather than to punish the lawyer. Nothing in the record suggests that respondent presents a continuing threat to the welfare of his clients, the Justice system, or the public in general. Thus, credit for voluntary removal would be appropriate here.
On a final note, I believe the majority misunderstands respondent's legal argument regarding this court's authority. As I read the briefs, he questions our right to assess costs and expenses in disciplinary proceedings. He does not challenge our general power to govern the practice of law or to regulate the legal profession in this state. Thus, while I agree with the majority's resolution of the issue, I find its expansive Discussion of our "power" unwarranted.
For the foregoing reasons, I respectfully Dissent.
Thomas A. Zlaket, Justice
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