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Commonwealth of Massachusetts

NO. BD-2000-006

IN RE: RICHARD S. DONOHUE

S.J.C. Order of Term Suspension entered by Justice Ireland on June 25, 2001.1

SUMMARY2

On February 4, 2000, the respondent was convicted in the Middlesex Superior Court of operating a motor vehicle under the influence of alcohol, third offense, in violation of G. L. c. 90, § 24(1)(a)(1); reckless or negligent operation of a motor vehicle in violation of G. L. c. 90, § 24(2)(a); operation of a motor vehicle after license suspension in violation of G. L. c. 90, § 23; and knowingly and willfully furnishing a false name or social security number to a law enforcement officer or law enforcement official in violation of G. L. c. 268, § 34A. On the charge of driving under the influence, third offense, the respondent was sentenced to 18 months of imprisonment in the Billerica House of Corrections, to be served at Longwood Treatment Center, and placed on probation for five years. He received a concurrent sentence of sixty days on the conviction of driving after license suspension. On March 31, 2000, the respondent was temporarily suspended from the practice of law.

Bar counsel filed a petition for discipline and an amended petition for discipline setting forth the foregoing facts and alleging that a third offense of driving under the influence and willfully furnishing a false name or social security number following arrest were "serious crime[s]" as defined in S.J.C. Rule 401, § 12. On May 2, 2001, the respondent and bar counsel filed a stipulation in which the respondent admitted to the allegations of the petition for discipline and that his conduct violated Mass. R. Prof. C. 8.4(b), (c), (d), and (h). The parties asked the Board of Bar Overseers to recommend to the court that the respondent be suspended from the practice of law for a year and a day retroactive to the effective date of the temporary suspension.

On May 14, 2001, the Board of Bar Overseers voted to accept the stipulation and recommendation of the parties. On June 12, 2001, an information was filed with the Supreme Judicial Court for Suffolk County recommending that the respondent be suspended from the practice of law for a year and a day, effective as of the date of the temporary suspension. On June 25, 2001, the county court entered an order suspending the respondent for a year and a day effective March 31, 2000.

2 Compiled by the Board of Bar Overseers based on the record before the Court.



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