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Commonwealth of Massachusetts

NO. BD-2005-047

IN RE: MARILLA LANE ROSS

S.J.C. Order of Suspension entered by Justice Cowin on April 2, 2007.1

SUMMARY2

The respondent was admitted to the bar of the Commonwealth on December 22, 1982. She was subsequently administratively suspended in Massachusetts for failure to register. She was admitted to the California bar on December 30, 1988.

On September 17, 1999, the respondent was convicted in municipal court in Los Angeles County, California, of resisting arrest in violation of Section 148(a)(1) of the California Penal Code. The respondent was placed on probation for thirty-six months, required to serve sixty days in the Los Angeles County jail, and ordered to pay $100 in restitution. The respondent did not report this conviction to bar counsel in Massachusetts, thereby violating S. J. C. Rule 4:01, ß 12(8).

On August 2, 2004, the respondent was convicted in superior court in Orange County, California, of resisting arrest. She received a suspended sentence and was ordered to pay $100 in restitution. The respondent did not report this conviction to bar counsel in Massachusetts, again violating S. J. C. Rule 4:01, ß 12(8).

In May 2005, bar counsel filed notices of conviction in the Supreme Judicial Court for Suffolk County. The two matters were remanded to the Board of Bar Overseers for further proceedings.

In the meantime, the California State Barís Office of Chief Trial Counsel had initiated bar disciplinary proceedings against the respondent based on her 2004 conviction. The respondent had already been privately reproved in California as a result of the 1999 conviction. The Office of Bar Counsel in Massachusetts deferred to the proceedings in California.

The respondent did not appear or otherwise participate in the bar discipline proceedings in California. On November 28, 2006, the California Supreme Court suspended the respondent for two years, stayed all but thirty days of that suspension, and ordered that the respondent could be reinstated after thirty days and demonstration of compliance with conditions imposed by the State Bar Court, including obtaining psychiatric or psychological treatment, maintaining a current address on file in the State Barís Membership Office and the State Barís Office of Probation in Los Angeles, and filing reports of compliance.

On January 17, 2007, bar counsel filed a petition for reciprocal discipline in the county court. Bar counsel requested that the respondent be suspended for one year and one day and that the order of suspension prohibit her from petitioning for reinstatement until one year and one day after she fully complied with the order of suspension.

The county court issued an order of notice on January 22, 2007, for service on the respondent. The respondent had not provided her most recent address to the registration division of the Board of Bar Overseers. Bar counsel therefore served the respondent by first class and registered mail at her most recent registered address in California. The correspondence sent by registered mail was unclaimed, and the correspondence sent by first-class mail was returned.

On April 2, 2007, the Supreme Judicial Court for Suffolk County, Cowin, J., entered an order suspending the respondent for one year and one day, effective immediately upon entry. The respondent is not eligible to apply for reinstatement until one year and one day after she complies with the order of suspension, including filing in the court a true and accurate affidavit of compliance as required by the order.


1The respondent appealed from the order suspending him for a year and a day, and that appeal was pending in the Supreme Judicial Court for the Commonwealth at the time the petition for reciprocal discipline of disbarment was filed and decided in the county court. Matter of Steinberg, S.J.C. -09701.
2Compiled by the Board of Bar Overseers based on the record before the Supreme Judicial Court for Suffolk County.



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