In re Taylor
In re Taylor
Opinion of the Court
The respondent, Jon C. Taylor, appeals from a judgment of a single justice of this court ordering that he be disbarred from the practice of law. We affirm.
Background. In March, 2008, the respondent was temporarily suspended from the practice of law.
Then, in January, 2008, while visiting a client who was a defendant in a murder case and incarcerated at the Plymouth County house of correction, the respondent exchanged sneakers with the client. He wore new sneakers into the house of correction, exchanged them for his client’s sneakers, and wore those when he left. He reported the incident and a complaint issued charging him with violating G. L. c. 268, §§ 28 and 31, which prohibit the delivery of articles to or receipt of articles from an inmate.
At the time of the March, 2008, temporary suspension, the complaint under
In January, 2009, bar counsel filed with the Board of Bar Overseers (board) a petition for discipline alleging that the respondent had engaged in and been convicted of various crimes, including a felony, and that his conduct violated certain Massachusetts Rules of Professional Conduct.
Discussion. “We review de novo the question of the appropriate level of discipline to be imposed. Matter of Kennedy, 428 Mass. 156, 156 (1998). Our goal is to ensure that the sanction ordered by the single justice is not markedly disparate from what has been ordered in comparable cases. Matter of Tobin, 417 Mass. 81, 88 (1994). Matter of Palmer, 413 Mass. 33, 37-38 (1992). Matter of Alter, 389 Mass. 153, 156 (1983). While the review is de novo in the sense that no special deference is given to the single justice’s determination, we, like the single justice before us, must be ‘mindful that the board’s recommendation is entitled to substantial deference.’ Matter of Tobin, supra. See Matter of Palmer, supra at 40; Matter of Alter, supra at 157-158.” Matter of Doyle, 429 Mass. 1013, 1013 (1999). In cases where the attorney has committed a felony while in the course of practicing law, the presumptive sanction is disbarment or, in some instances, indefinite suspension. See, e.g., Matter of Driscoll, 447 Mass. 678, 688 (2006). “For the most part, those attorneys who have received a suspension have escaped the greater sanction of disbarment or indefinite suspension due to special mitigating circumstances.” Id., quoting Matter of Concemi, 422 Mass. 326, 330 n.4 (1996).
No special mitigating circumstances exist here. The respondent argues that the hearing committee, and in turn the board, overlooked certain evidence and
The respondent also argues that the hearing committee, and the board, did not give sufficient consideration as a mitigating factor to the respondent’s having reported the incident involving the exchange of sneakers with his incarcerated client. Even if this were viewed as a mitigating factor, the fact remains that the respondent committed a felony, and has demonstrated repeatedly that he is not prepared to comply with the law. He has a history of prior discipline, has been convicted of various other crimes, and has more than once violated the terms of his probation. These are not the type of “special circumstances” that warrant, as the respondent requests, a lesser sanction than disbarment. See Matter of Driscoll, supra.
Conclusion. We agree with the recommendation of the board and the decision of the single justice that disbarment is the appropriate sanction.
Judgment affirmed.
The respondent also previously received a public reprimand in 2003.
Pursuant to S.J.C. Rule 4:01, § 12 (1), as appearing in 425 Mass. 1313 (1997), the term “conviction” includes any admission to or finding of sufficient facts as well as any guilty plea.
The respondent does not appeal from the adjudication that he violated the rules of professional conduct or from the decision as to the effective date of the sanction.
Reference
- Full Case Name
- In the Matter of Jon C. Taylor
- Cited By
- 3 cases
- Status
- Published