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Harwell, Justice (dissenting) :
A majority of the hearing panel recommended a public reprimand and upon review it was the unanimous opinion of the Executive Committee that the appropriate sanction should be a public reprimand.
*608 I have reviewed the record in this matter and although there are numerous charges, I do not feel the complainant has met the burden of proof by clear and convincing evidence. A conviction for failing to stop for a blue light is not such as to warrant disbarment. It is interesting to note that this is the respondent’s only conviction, although it is alleged in this grievance matter that he was involved in numerous serious violations of the law. Nowhere is it alleged that he has ever been charged or convicted by the Federal or State Governments with any other criminal act.I can only conclude that the appropriate law enforcement agencies as well as the hearing panel and the Executive Committee of the Board of Commissioners on Grievances and Discipline also view the testimony presented in this case as less than credible . I would adopt the report of the panel which was concurred in by the Executive Committee and impose a public reprimand as the appropriate sanction.
Ness, J., concurs.
Document Info
Docket Number: 21220
Citation Numbers: 267 S.E.2d 74, 274 S.C. 601, 1980 S.C. LEXIS 377
Judges: Harwell, Ness
Filed Date: 5/6/1980
Precedential Status: Precedential
Modified Date: 10/19/2024