Board of Overseers of the Bar v. Peter A. Anderson

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Docket No.: BAR-00-2

Issued by: Single Justice, Maine Supreme Judicial Court

Date: May 23, 2000

Respondent: Peter A. Anderson

Bar Number: 001524

Order: Resignation

Disposition/Conduct: Resignation by Attorney Under Disciplinary Investigation

Order

Pending before the Court is Peter A. Anderson's petition pursuant to Maine Bar Rule 7.3(g)1 that he be permitted to resign from the Bar notwithstanding a pending disciplinary proceeding.

The applicable Bar Rule provides that an attorney tendering such a resignation must also tender an affidavit in accordance with the Rule. This Mr. Anderson has done. Mr. Anderson's affidavit has been filed with the Board, together with its recommendation, that Mr. Anderson's resignation be accepted.

The Court has read the affidavit, as well as Mr. Anderson's letter of resignation. After a hearing at which both Mr. Anderson and Bar Counsel were present and addressed the Court, the Court finds the conduct which Mr. Anderson admits to be conduct unworthy of an attorney and the Court, therefore, accepts the resignation from the Bar submitted by Peter A. Anderson dated April 5, 2000 to be effective upon the close of business as of June 2, 2000. His name is to be stricken from the list of practitioners who are permitted to practice law before the courts of the State of Maine effective June 3, 2000. Pursuant to M. Bar R. 7.3(g)(3), the affidavit submitted by Anderson with his letter is hereby impounded and shall not be available for inspection unless otherwise ordered by the Court. His affidavit may, however, be made public and be used by the Board of Overseers of the Bar, the Board's Grievance Commission and bar counsel, in response to any reinstatement petition Anderson may later file. Mr. Anderson is further ordered to fulfill the obligations encumbered upon him as an attorney who has resigned under Rule 7.3(g) as provided in Rule 7.3(i).

For the Court

Hon. Paul L. Rudman, Associate Justice ? Maine Supreme Judicial Court

Footnotes

1. Maine Bar Rule 7.3(g) provides:

(g) Resignations by Attorneys Under Disciplinary Investigation.

(1) An attorney who is the subject of an investigation under these rules may submit to the Board a letter of resignation, supported by an affidavit that:

(A) the resignation is freely and voluntarily rendered; the attorney is not being subjected to coercion or duress and is fully aware of the implications of submitting the resignation:

(B) the attorney is aware that there is presently pending an investigation into allegations of misconduct, the nature of which allegations the attorney shall specifically set forth; and

(C) the attorney acknowledges that the material facts, or specified material portions of them, underlying the allegations are true.

(2) Upon receipt of such resignation, the Board shall file it, together with its recommendation thereon, with the Court, which after hearing shall enter such order as it deems appropriate.

(3) Any order accepting such resignation under this section shall be a matter of public record unless otherwise ordered by the Court; but the supporting affidavit required under the provisions of subsection (1) shall be impounded, whether or not such resignation is accepted, and shall not be made available for use in any other proceeding unless otherwise ordered by the Court.

M. Bar R 7.3(g)