Matter of Zaleon

Fletcher, Presiding Justice,

dissenting.

After reviewing the record and giving due consideration to the recommendations of the Investigative Panel and Bar Counsel, I conclude that the court should accept the Investigative Panel’s recommendation for discipline in this matter. Considering the facts of this case, including the mitigating circumstances considered by the Investigative Panel, public reprimand and the requirement of restitution are adequate and reasonable sanctions in this case.

As a matter of procedure on remand, I note that Zaleon must be allowed to withdraw her consent to discipline, file a notice of rejection, and proceed with an evidentiary hearing before a special master. Due process requires that when the court seeks greater discipline than the Investigative Panel, the respondent must be afforded the right to reject the notice of discipline.

I am authorized to state that Justice Sears joins in this dissent.