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Commonwealth of Massachusetts

BD-2005-088

IN RE: JOSEPH N. WHEELER

S.J.C. Order of Disbarment entered by Justice Greaney on January 18, 2006, with an effective date of February 17, 2006. 1

MEMORANDUM AND ORDER

I have reviewed the record in this case and heard, and considered, the arguments of counsel. Contrary to the respondent's argument, this is an appropriate case for the application of the doctrine of issue preclusion, and the reports of the hearing committee and the appeal panel both properly applied the doctrine. The decision of the Superior Court judge in the G. L. c. 93A action, and the final judgment entered therein, seals the respondent's fate with respect to liability and mandates the sanction entered by the board after its appropriate consideration of matters in mitigation (none) and aggravation (violation of several other disciplinary rules that, by reason of the mandated sanction, became irrelevant to disposition). The request made at oral argument that the respondent be allowed to resign in lieu of disbarment is one that, in the circumstances of the case, is to be resolved between the board and the respondent and not by me.

Judgment shall enter in the ordinary course disbarring the respondent, and assessing him costs of $1,791.18.

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



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