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Commonwealth of Massachusetts

NO. BD-2001-043

IN RE: JAMES F. HORAN

S.J.C. Order Of Indefinite Suspension entered by Justice Spina on July 18, 2002.1

SUMMARY2

On March 8, 2002, the respondent was convicted in the Barnstable Superior Court of two felony counts of distributing heroin in violation of G. L. c. 94C, § 32(a) (count one), and two felony counts of conspiracy to violation the Controlled Substance Act in violation of G. L. c. 94C, § 40 (count two). The respondent was sentenced to ninety days of imprisonment in the House of Correction on count one and three years of probation on count two. Specific conditions of probation included undergoing drug and alcohol evaluation, receiving recommended treatment, abstaining from use of alcohol and illicit drugs, and submitting to random breathalyzer tests and urine screens.

The respondent’s conduct violated Mass. R. Prof. C. 8.4(b) and (h). In aggravation, the respondent had previously been privately reprimanded for three separate instances of professional misconduct. PR-86-29, 5 Mass. Att’y Disc. R. 470 (1986). The private reprimand was conditioned on the respondent’s attendance at Alcoholics Anonymous and obtaining drug counseling.

The respondent continued using illegal narcotics. On December 14, 1987, the respondent was transferred to disability inactive status after he admitted to using cocaine and heroin and had committed himself to a treatment facility. Matter of Horan, 5 Mass. Att’y Disc. R. 155 (1987). The respondent was transferred to active status in Matter of Horan, 6 Mass. Att’y Disc. R. 151 (1989), on condition that he be monitored for two years following reinstatement. After July 1991, the respondent resumed using illegal drugs, which led to his felony convictions. In one instance, the respondent distributed heroin from his law office.

On March 25, 2002, the parties filed a stipulation in which they requested that the Board of Bar Overseers recommend to the Supreme Judicial Court that the respondent be indefinitely suspended from the practice of law, retroactive to July 9, 2001, the date the respondent transferred back to disability inactive status. On July 8, 2002, the Board of Bar Overseers voted to recommend to the Supreme Judicial Court that the respondent be indefinitely suspended effective July 9, 2001. On July 18, 2002, the Supreme Judicial Court for Suffolk County entered an order indefinitely suspending the respondent retroactive to July 9, 2001.

1 The complete Order of the Court is available by contacting the Clerk of the Supreme Judicial Court for Suffolk County.

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



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