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Commonwealth of Massachusetts

NO. BD-2004-073


S.J.C. Order of Term Suspension entered by Justice Sosman on August 31, 2005.1


On September 21, 2004, the respondent was convicted in the Worcester Superior Court of possession of heroin in violation of G. L. c. 94C, § 32C, a misdemeanor. He was sentenced to two years’ probation with conditions requiring him to undergo alcohol and drug treatment and random urine testing.

Bar counsel filed a petition for discipline on October 21, 2004. On July 14, 2005, the respondent was temporarily suspended from the practice of law. On July 18, 2005, the respondent filed an amended answer admitting to the allegations of the petition for discipline and that he had violated Mass. R. Prof. C. 8.4(b) and (h). The parties agreed that, in aggravation, on May 24, 2005, the respondent was found to have violated the terms of his probation, in part by testing positive for cocaine. In mitigation, the respondent’s conduct did not involve the practice of law. The parties requested that the Board of Bar Overseers recommend to the court a suspension from the practice of law for eighteen months, effective July 14, 2005.

On August 8, 2005, the Board of Bar Overseers voted to accept the stipulation of the parties, including their requested sanction. On August 31, 2005, the Supreme Judicial Court for Suffolk County entered an order suspending the respondent for eighteen months, effective July 14, 2005.

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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