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In re Bonn2/3/2005
an active member of his community. He is on the board of directors of the Harmony Hill School and is active in the Boy Scouts. He also devotes a substantial amount of his time to pro bono representation.
The Disciplinary Counsel recommended that respondent's license to practice law be suspended for ninety days. The board rejected that recommendation based upon the mitigation evidence adduced at the hearing. The board has recommended to this Court that the respondent's practice of law be monitored by a member of the bar for a period of twelve months, with no other disciplinary sanction being imposed. The Disciplinary Counsel has renewed his request for a suspension.
We give great weight to the recommendations submitted to us by the board. We fully appreciate the hours devoted by the members of the board to a difficult task with no recompense. We concur in the board's finding that respondent has violated the rules as charged. However, in this case we believe that a stronger sanction than that recommended by the board is warranted.
Conversion of client funds is a serious violation of the rules that cannot be condoned by this Court. In numerous cases we have imposed lengthy suspensions upon respondents who have misappropriated client funds. See In re Hodge, 676 A.2d 1362, 1363 (R.I. 1996); In re Krause, 676 A.2d 1340, 1342 (R.I. 1996). Even when presented with substantial evidence of mitigation we have imposed some level of suspension. See In re Indeglia, 765 A.2d 444, 448-49 (R.I. 2001). However, the unique facts of this case lead us to conclude that a suspension, as requested by Disciplinary Counsel, is not necessary.
"The purpose of professional discipline is to protect the public and to maintain the integrity of the profession." Id. at 448 (quoting In re Ricci, 735 A.2d 203, 208 (R.I. 1999)). In the present case, those dual purposes of discipline will best be served by adopting the board's recommendation of a one-year period of supervision, with the additional imposition of the disciplinary sanction of a public censure.
Accordingly, the respondent, Mark C. Bonn, is hereby publicly censured by this Court for his misconduct as set forth herein. Additionally, within two weeks of this opinion the respondent shall submit an acceptable plan of supervision of his law practice to Disciplinary Counsel. That supervision shall consist of periodic review of his case files by a licensed Rhode Island attorney, who will submit a report to Disciplinary Counsel on a monthly basis concerning the status of those cases. The respondent also shall submit a copy of his bank statements for his client and checking accounts, plus copies of deposits and canceled checks to Disciplinary Counsel on a monthly basis for review. This supervision shall remain in effect for a period of one year from the filing of this opinion.
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