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In re Brooks10/24/2005
profession into disrepute or conduct demonstrating an unfitness to practice law); and Rule 7(a)(7) (willfully violating a valid order issued by a court of this state). The Panel recommended that Respondent be indefinitely suspended from the practice of law, retroactive to the date of his 1996 definite suspension, and that Respondent pay the costs of this action.
Issues
Respondent accepts the Panel's findings and conclusions, but disagrees with the recommended sanction of an indefinite suspension. Respondent asks the Court to impose a definite suspension for less than nine months so that he can seek reinstatement pursuant to Rule 32 of the Rules for Lawyer Disciplinary Enforcement, Rule 413, SCACR. In the alternative, Respondent requests that the Court (1) waive the requirement that any future petition for reinstatement be referred to the Committee on Character and Fitness per Rule 33(d), RLDE, Rule 413, SCACR, and (2) permit his reinstatement without fulfilling the requirements of Rule 33(f)(8), RLDE, Rule 413, SCACR (an attorney who has been disbarred or indefinitely suspended must take and pass the Bar Examination, take and pass the Multistate Professional Responsibility Exam, and complete the Bridge the Gap program).
Respondent additionally requests that the Court allow reinstatement from his 1996 suspension in the same manner. Respondent asks that the Court consider these unusual requests in light of his intention to immediately retire from the practice of law; an intention driven by Respondent's extremely poor health.
Law/Analysis
The South Carolina Supreme Court possesses the ultimate responsibility of determining sanctions in attorney disciplinary matters. In re Rushton, 286 S.C. 543, 544, 335 S.E.2d 238, 238 (1985). In this case, the Court must note that several of the crimes involved are felonies under South Carolina law. Violation of the Habitual Traffic Offender Law is a felony. S.C. Code Ann. § 56-1-1100 (Supp. 2004). Additionally, DUI fourth offense and above carries a minimum prison sentence of one year , and is therefore a felony. S.C. Code Ann. § 56-1-2030(14) (Supp. 2004). In the case of Respondent, these convictions represent not Respondent's first, second, or third DUI arrests, but at least the fourth, fifth, and sixth occasions on which Respondent elected to drive while under the influence of alcohol.
This Court has imposed varying degrees of sanctions in cases involving a DUI conviction. Looking at existing case law, Respondent's disciplinary history, and the serious nature of the offenses for which Respondent was convicted, we find that the proper sanction is an indefinite suspension retroactive to the date of Respondent's 1996 definite suspension. Should Respondent desire to gain readmission to the practice of law, he must proceed according to Rule 33(d), RLDE, Rule 413, SCACR (unless otherwise directed by the Supreme Court, the petition for reinstatement shall be referred to the Committee on Character and Fitness), and Rule 33(f)(8), RLDE, Rule 413, SCACR (an attorney who has been disbarred or indefinitely suspended must take and pass the Bar Examination, take and pass the Multistate Professional Responsibility Exam, and complete the Bridge the Gap program).
Because Respondent has not satisfied the above requirements, we decline to address the issue of Respondent's petition for reinstatement from the 1996 definite suspension.
Conclusion
We are deeply saddened by the current state of Respondent's health. However, we cannot ignore the serious nature of the conduct here at issue, nor can we simply overlook the fact that Respondent has twice before been sanctioned for attorney
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