The Supreme Court of South Carolina - SC Judicial Department

More documents

Recommendations

Info

THE STATE OF SOUTH CAROLINA In The Supreme Court _________ In the Matter of J.M. Long, III, Respondent. __________ Opinion No. 26963 Submitted March 28, 2011 – Filed April 25, 2011 __________ DEFINITE SUSPENSION _________ Lesley M. Coggiola, Disciplinary Counsel, and Susan B. Hackett, Assistant Disciplinary Counsel, both of Columbia, for Office of Disciplinary Counsel. Russell Blake Long, of Myrtle Beach, for respondent. _________ PER CURIAM: In this attorney disciplinary matter, the Office of Disciplinary Counsel (ODC) and respondent have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR. In the agreement, respondent admits misconduct and consents to the imposition of an admonition, public reprimand, or definite suspension from the practice of law for any period up to and including nine (9) months. In addition, respondent agrees to obtain mental health counseling for a period of one year and to provide the Commission on Lawyer Conduct (the Commission) with quarterly reports from his mental health counselor certifying his cooperation with counseling. Respondent requests that the period of suspension be made retroactive to the date of his interim 26
suspension. 1 We accept the agreement and impose a nine month suspension, retroactive to the date of respondent’s interim suspension. The facts, as set forth in the agreement, are as follows. FACTS On November 23, 2009, the City of Conway Police Department issued two warrants for respondent's arrest on charges of indecent exposure. The arrest warrants alleged that on November 10, 2009, and November 16, 2009, respondent exposed his private parts in plain view of the public. According to statements by witnesses, respondent was inside his law office standing behind a clear glass storm door at the time of the exposures. On November 24, 2009, respondent voluntarily surrendered to the police. He was released on bond the same day. On January 25, 2010, respondent was served with two additional warrants for indecent exposure. The warrants alleged that during the spring and summer of 2006, respondent indecently exposed himself while standing behind the glass storm door of his home. In 2011, a grand jury indicted respondent on two counts of exposure of private parts in a lewd and lascivious manner. On January 6, 2011, respondent entered a plea to two counts of exposing private parts pursuant to North Carolina v. Alford, 400 U.S. 25 (1970). The remaining counts of indecent exposure were dismissed by the prosecutor. Respondent was sentenced to thirty (30) days in jail or a fine of $300 on each count. Respondent paid the fines. LAW Respondent admits that by his misconduct he has violated the following Rule of Professional Conduct, Rule 407, SCACR: Rule 8.4(b) (it 1 On March 1, 2010, the Court placed respondent on interim suspension. In the Matter of Long, 387 S.C. 19, 690 S.E.2d 774 (2010). 27
Page 1 and 2: The Supreme Court of South Carolina
Page 3 and 4: CONTENTS THE SUPREME COURT OF SOUTH
Page 5 and 6: The South Carolina Court of Appeals
Page 7 and 8: PETITIONS FOR REHEARING 4705-Hudson
Page 9 and 10: PETITIONS-SOUTH CAROLINA SUPREME CO
Page 11 and 12: 4711-Jennings v. Jennings Pending 4
Page 13 and 14: 2010-UP-303-State v. N. Patrick 201
Page 15 and 16: THE STATE OF SOUTH CAROLINA In The
Page 17 and 18: determination by the Department as
Page 19 and 20: 24A S.C. Code Ann. Regs. 61-15 § 1
Page 21 and 22: space to physician's practices and
Page 23 and 24: In sum, DHEC's policy shift concern
Page 25: using Beaver's appraisal was "contr
Page 31 and 32: educated and financially successful
Page 33 and 34: civility, not only in court, but al
Page 35 and 36: he runs afoul of the penalties of l
Page 39 and 40: (B) shall execute and file with the
Page 45 and 46: Columbia, South Carolina April 21,
Page 47 and 48: E. Ros Huff, Jr., of Irmo, for Appe
Page 49 and 50: aised the issue on behalf of Matthe
Page 51 and 52: II. Beneficiaries/Next of Kin Depen
Page 53 and 54: insolvent insurer and (a) the claim
Page 55 and 56: Judge Goode found, the imposition o
Page 57 and 58: John T. Crawford, Jr., and Keven Ke
Page 59 and 60: STANDARD OF REVIEW In an action at
Page 61 and 62: any other person having a current o
Page 63 and 64: Accordingly, Appellants maintain th
Page 65 and 66: Specifically, Appellants argue the
Page 67 and 68: only be granted when absolutely nec
Page 69 and 70: abandoned issue when he failed to p
Page 71 and 72: the jury. Furthermore, the amount a
Page 75 and 76: Poovey approached the scene, he obs
Page 77 and 78:
easonable suspicion to stop Frazier
Page 79 and 80:
urglary and the show-up, Sanders's
Page 81 and 82:
where an incident is so grievous th
Page 83 and 84:
Andrew F. Lindemann and J. Edward B
Page 85 and 86:
In any action . . . to recover dama
Page 87 and 88:
epose because the basis for a contr
Page 89 and 90:
THE STATE OF SOUTH CAROLINA In The
Page 91 and 92:
force trauma to the chest in connec
Page 93 and 94:
ISSUES ON APPEAL (1) Did the circu
Page 95 and 96:
to be a narcotic drug, one case fro
Page 97 and 98:
Page 99 and 100:
Medicaid Services. 3 The South Caro
Page 101 and 102:
Peter appealed to the ALC. The ALC
Page 103 and 104:
necessitate a waiver-qualifying ind
Page 105 and 106:
of Columbia; Solicitor Edgar Lewis
Page 107 and 108:
transfer request." State v. Pittman
Page 109 and 110:
In this case, we find the family co
Page 111 and 112:
CONCLUSION We find the family court
Page 113 and 114:
FEW, C.J.: In Lawrence Burgess's ap
Page 115 and 116:
[T]he parties . . . consent and agr
Page 117 and 118:
municipality or a town from authori
Page 119 and 120:
court need not address remaining is
Page 121 and 122:
Burgess's counsel objected to the c
Page 123 and 124:
Page 125 and 126:
of 33%." Dr. Lehman also found Laws
Page 127 and 128:
the decision is affected by an erro
Page 129 and 130:
Reg. 67-707(C). known to the moving
show all

The Supreme Court of South Carolina - SC Judicial Department

Create successful ePaper yourself

Delete template?

Save as template?