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

Cite as In re Cumfer, 19 DB Rptr 27 (2005)
STIPULATION FOR DISCIPLINE
Eric M. Cumfer, attorney at law (hereinafter “Accused”), and the Oregon State
Bar (hereinafter “Bar”) hereby stipulate to the following matters pursuant to Oregon
State Bar Rule of Procedure 3.6(c).
1.
The Bar was created and exists by virtue of the laws of the State of Oregon
and is, and at all times mentioned herein was, authorized to carry out the provisions
of ORS Chapter 9, relating to the discipline of lawyers.
2.
The Accused was admitted by the Oregon Supreme Court to the practice of
law in Oregon on May 9, 1994, and has been a member of the Oregon State Bar
continuously since that time, having his office and place of business in Marion
County, Oregon.
3.
The Accused enters into this Stipulation for Discipline freely and voluntarily.
This Stipulation for Discipline is made under the restrictions of Bar Rule of
Procedure 3.6(h).
4.
On April 16, 2004, the State Professional Responsibility Board authorized a
formal disciplinary proceeding against the Accused for alleged violations of DR
6-101(B) and DR 1-103(C) concerning Case Nos. 03-74, 03-75, and 04-33. On June
11, 2004, the State Professional Responsibility Board authorized a formal disciplinary
proceeding against the Accused for alleged violations of DR 6-101(B) and DR
1-103(C) concerning Case Nos. 04-63 and 04-64. The parties intend that this
stipulation set forth all relevant facts, violations, and the agreed-upon sanction as a
final disposition of this proceeding.
Smith Matter
(Case No. 04-33)
Facts and Violations
5.
On or about July 10, 2000, Anthony D. Smith (hereinafter “Smith”) was
convicted of felony crimes, State of Oregon v. Anthony D. Smith, Jackson County
Circuit Court Case No. 93800BFE. On or about August 3, 2000, Smith’s lawyer filed
a notice of appeal (hereinafter “Smith Appeal”). On August 30, 2000, the Court of
Appeals appointed the Accused to represent Smith on appeal. On October 30, 2001,
the Accused filed an opening brief in the Smith Appeal. The state filed the
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