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Commonwealth of Massachusetts

NO. BD-2006-064

IN RE: MICHAEL E. ANDERSON

S.J.C. Order of Term Suspension entered by Justice Cowin on May 29, 2007.1

SUMMARY2

The respondent was admitted to the New Hampshire Supreme Court on October 28, 1996, and to the Supreme Judicial Court for the Commonwealth on December 15, 1997. The respondent was convicted in New Hampshire on April 11, 2006, of two counts of driving while intoxicated, default or breach of bail conditions, and obstructing the report of a crime or injury. These are misdemeanor offenses, but, in both New Hampshire and Massachusetts, default or breach of bail conditions and obstructing the report of a crime or injury are ďseriousĒ crimes. The respondent was sentenced to six months in the House of Corrections in New Hampshire, all suspended for two years, and placed on probation for one year subject to conditions that required him to abstain from alcohol and obtain a battererís evaluation.

The respondent was temporarily suspended in New Hampshire on June 20, 2006, but the suspension was stayed on condition that the respondent

meaningfully participate in alcohol and / or drug counseling with a certified alcohol and drug abuse counselor, comply with such counselorís recommended treatment plan, submit evidence to the Attorney Discipline Office on a regular basis showing his compliance with these conditions and comply with any request made by the Attorney Discipline Office for additional evidence.

On July 7, 2006, the stay was lifted, and the respondent was temporarily suspended in New Hampshire. Bar counsel filed a petition for reciprocal discipline in Massachusetts on July 14, 2006. The Supreme Judicial Court for Suffolk County entered an order temporarily suspending the respondent on October 17, 2006.

On March 15, 2007, the respondent was suspended by the Professional Conduct Committee of the New Hampshire Supreme Court for six months, effective March 16, 2007. The respondent admitted in connection with the New Hampshire disciplinary proceedings that on June 15, 2006, he had violated the probation conditions that he refrain from using alcohol and undergo a battererís evaluation. Prior to and as a condition of reinstatement in New Hampshire, the respondent must provide to New Hampshire Disciplinary Counsel

satisfactory proof that, during the period of suspension, (a) he has complied with the terms of his probation in the matter of State v. Michael Anderson, (docket numbers 06-CR-1005-661C and 663C), (b) he has had no further personal interactions with the criminal justice system, and (c) he has successfully participated in treatment for alcoholism.

Bar counsel filed another petition for reciprocal discipline in Massachusetts, asking that the effective date of the final sanction be March 16, 2007, and that the respondentís reinstatement in Massachusetts be conditioned upon the respondentís reinstatement in New Hampshire. On April 26, 2007, the respondent filed an opposition to bar counselís petition for reciprocal discipline.

On May 2, 2007, the county court notified the parties that a hearing on the petition was scheduled for May 21, 2007, at 10:00 a.m. At 10:09 a.m. on May 21, 2007, the respondent faxed to the court a motion to continue the hearing. On May 21, 2007, the court denied the motion to continue. On May 29, 2007, the court entered an order suspending the respondent from the practice of law in the Commonwealth for six months, retroactive to March 16, 2007, the effective date of his suspension in New Hampshire, with a condition precedent to reinstatement in Massachusetts that the respondent be reinstated to the practice of law in New Hampshire.

FOOTNOTES:

1The complete Order of the Court is available by contacting the Clerk of the Supreme Judicial Court for Suffolk County.
2Compiled by the Board of Bar Overseers based on the record before the Supreme Judicial Court for Suffolk County.



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