Docket No. 522

In the Matter of Arthur R. Smith, Jr.

Date: October 31, 2000

Amended Order on Respondent's Assented-To
Motion to Dismiss


Appearances:

David A. Wilson, Esq. Counsel for Petitioner

Raymond R. Couture Counsel for Respondent

Commissioners: Wagner, Ch,, Rapacki, Moore and Cassidy
Presiding Officer: Edward D. Rapacki, Esq.


We treat Respondent's Assented-To Motion to Dismiss the
above-captioned matter as one for summary decision pursuant to 930
C.M.R. s. 1.01(6)(f) because Respondent has presented materials
outside the pleadings. Upon review and consideration of
Respondent's Motion and accompanying documentation, which was unmet
by countervailing materials, we hereby conclude that Respondent
does not have "sufficient present ability to consult with his
lawyer with a reasonable degree of rational understanding," nor
does he appear to have a "rational as well as a factual
understanding of the proceeding against him." 362 U.S. 402().
Accordingly, we allow Respondent's motion.

Page 983

End of Decision