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

Cite as In re O’Dell, 19 DB Rptr 287 (2005)
Violation
15.
The Accused admits that, by engaging in the conduct described in paragraph
14 of this stipulation, he violated DR 1-103(C) (failure to cooperate in a disciplinary
investigation) of the Code of Professional Responsibility.
Arthur Ashley
(Case No. 04-105)
Facts
16.
In or about January 2003, the Accused was appointed by the court to represent
Arthur Ashley (“Ashley”) to appeal a criminal conviction. In or about June 2003, the
Accused filed a “Measure 11 Brief,” which outlined the procedural history of the
case, but did not identify any substantive issues for appeal. The brief simply
challenged the constitutionality of Ballot Measure 11. The Accused did not
communicate with Ashley or respond to Ashley’s attempts to contact him. When the
Court of Appeals affirmed Ashley’s conviction in December 2003, the Accused failed
to inform Ashley and failed to file a petition for review, so that Ashley could be
eligible for federal relief.
17.
On April 23, 2004, the Oregon State Bar received a complaint from Ashley
regarding the Accused’s conduct. On April 29, 2004, Disciplinary Counsel’s Office
forwarded a copy of that complaint to the Accused and requested his response on or
before May 20, 2004. The Accused made no response to the Bar’s inquiry despite
an additional request from Disciplinary Counsel’s Office on June 1, 2004, that he do
so.
Violations
18.
The Accused admits that, by engaging in the conduct described in paragraphs
16 and 17 of this stipulation, he violated DR 6-101(B) (neglect of a legal matter) and
DR 1-103(C) (failure to cooperate in a disciplinary investigation) of the Code of
Professional Responsibility.
291