P:\CLEPUB\Books\Disciplinary Board Reporter ... - Oregon State Bar

Cite as In re Goyak, 19 DB Rptr 179 (2005)
IN THE SUPREME COURT
OF THE STATE OF OREGON
In re: )
) Case Nos. 00-122, 03-119, 03-120
Complaint as to the Conduct of )
)
NICHOLAS I. GOYAK, )
)
Accused. )
Counsel for the Bar:
William D. Bailey, Esq.; Martha M. Hicks
Counsel for the Accused: Thomas E. Cooney, Esq.
Disciplinary Board:
Gilbert B. Feibleman, Esq., Chair; Llewellyn
Fischer, Esq.; Joan LeBarron, Public Member
Disposition:
Violation of DR 1-102(A)(2), DR 1-103(C),
DR 9-101(A), and DR 9-101(C)(3). Trial Panel
Opinion. Six-month suspension.
Effective Date of Opinion: January 12, 2005
OPINION OF THE TRIAL PANEL
This matter came regularly before a Trial Panel of the Disciplinary Board
consisting of Gilbert B. Feibleman, Esq., Chair; Llewellyn Fischer, Esq.; and Joan
LeBarron, Public Member, on December 14, 2004. The Oregon State Bar was
represented by Martha Hicks, Assistant Disciplinary Counsel, and William D. Bailey,
Esq. The Accused was represented by Thomas Cooney, Esq. The Trial Panel has
considered the stipulations, pleadings, exhibits, testimony, trial memoranda, and
arguments of counsel.
Cause of Wrongful Conduct
The Accused is charged in Case No. 00-122 with violation of DR 1-102(A)(2)
(criminal conduct reflecting adversely on honesty, trustworthiness, or fitness to
practice law) for having written four checks to the City of Portland when he knew
they would not be honored by his bank, in violation of ORS 165.065. The Accused
is also charged with violation of DR 1-103(C) (failure to cooperate with the Bar)
during the course of the Bar’s investigation of the four NSF checks. In his Answer,
the Accused admitted some of the conduct alleged by the Bar and that this conduct
violates DR 1-103(C). He has now recanted these admissions.
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