Matter of Discipline of Bleeker

HENDERSON, Justice

(specially concurring).

Although I agree with the ultimate discipline in this case, I specially concur for the reason that there are no South Dakota citations by way of Supreme Court decisions set forth herein. Therefore, a reliance upon settled authority in this Court is open for question. In my opinion, this should not be.

This is an important case to the lawyers and public of this state.

By way of decisional law, I refer to the case of Matter of Discipline of Dana, 415 N.W.2d 818 (S.D.1987). In Dana, “Neither Board nor Dana dispute the findings as enumerated by the referee. Therefore, we adopt such findings.” Dana, at 822. Similarly, Bleeker has acceded to all of these findings and proposed recommendations by the referee. Note that he has agreed to the recommendations entered by the referee, Circuit Judge Steele. Thus he has actually admitted to (a) keeping improper records; (b) commingling funds; (c) that he committed constructive fraud; and (d) failed to keep his clients’ funds safely and identifiable. Therefore, this Court tacitly adopts these findings. Do not confuse findings with recommendations. We are not bound by the referee’s recommendations, however, but do give them great weight in our considerations. In re Hopp, 376 N.W.2d 816 (S.D.1985). Under SDCL 16-19-20, the Supreme Court has the inherent power to supervise the conduct of attorneys. Under SDCL 16-19-22, the Supreme Court has the exclusive power to disbar or suspend attorneys. In the Matter of Discipline of Willis, 371 N.W.2d 794 (S.D.1985).

In the present case, this Court has, unmistakably, given its stamp of disapproval to the unethical conduct of Attorney Bleeker. Conditions imposed upon his law practice, when he begins to practice again, are such that his conduct will be closely monitored by the highest court of this state. Furthermore, I am convinced that his wrongdoing, under the conditions imposed, will bring economic satisfaction to those aggrieved by his misconduct. Additionally, Bleeker has additional restraints imposed upon his law practice. The ultimate concern must be the protection of the public from further wrongdoing by the lawyer. Therefore, we must bear in mind the effect of the disciplinary proceeding on the accused lawyer. In the Matter of the Discipline of Rensch, 333 N.W.2d 713 (S.D.1983).