In re a Member of the Bar of the Supreme Court of the State Motter
In re a Member of the Bar of the Supreme Court of the State Motter
Opinion of the Court
The matter before this Court is an attorney disciplinary proceeding. The Board of Professional Responsibility (the “Board”) has filed a Final Report (the “Report”) directed to charges of professional misconduct, against the Respondent Thomas J. Motter. That report is attached hereto and incorporated herein by reference.
The Board recommends the Respondent’s disbarment from the practice of law. The Office of Disciplinary Counsel (the “ODC”) agrees with the Board’s recommendation for disbarment. The Respondent does not dispute the Board’s factual findings, but takes the position that the Board’s recommendation of disbarment is excessive. Because the Board’s factual findings are undisputed, our only task is to consider the appropriateness of the Board’s recommended sanction.
The Delaware Lawyers’ Rules of Professional Conduct are promulgated by this Court to set forth the standards of ethical conduct by which all Delaware lawyers must conform in order to continue to practice law.
The Court, having reviewed and considered the parties’ submissions, concludes that the Report of the Board filed on November 23, 2004, should be approved. The record reflects a pattern of misconduct in which the Respondent for five consecutive years failed to file and pay taxes, failed to maintain books and records, failed to indicate deficiencies on certificates of compliance and caused injury to three clients in separate Family Court matters. The appropriate sanction in this case is disbarment.
It is hereby ordered that the Respondent be disbarred from membership in the Delaware Bar. His name shall be immedi
. In re Spiller, 788 A.2d 114, 116 (Del. 2001) (citing In re Dorsey, 683 A.2d 1046, 1048 (Del. 1996)).
. In re Member of the Bar, 257 A.2d 382, 383 (Del. 1969).
. In the Matter of Rich, 559 A.2d 1251 (Del. 1989).
. In re Figliola, 652 A.2d 1071, 1076 (Del. 1995) (citing In re Agostini, 632 A.2d 80, 81 (Del. 1993)).
Reference
- Full Case Name
- In the Matter of a Member of the Bar of the Supreme Court of the State of Delaware Thomas J. MOTTER
- Cited By
- 1 case
- Status
- Published