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Commonwealth of Massachusetts

NO. BD-2007-062

IN RE: PETER PAUL MITRANO

S.J.C. Order of Disbarment entered by Justice Cordy on October 29, 2008.1

MEMORANDUM OF DECISION

On July 10, 2007, bar counsel filed a Petition for Reciprocal Discipline with respect to Attorney Peter Paul Mitrano, based on an interim suspension order entered by the Supreme Court of New Hampshire on June 7, 2007. That suspension order was, in turn, based on disciplinary proceedings then underway in the District of Columbia. In those proceedings, the District of Columbia Board of Responsibility (board) had endorsed a hearing committee report finding that Mitrano had essentially converted $241,336.59 of client funds to his own use. The findings of the board, and its recommendation that Mitrano be disbarred, were then pending before the District of Columbia Court of Appeals (Court of Appeals), however, Mitrano had not been suspended from the practice of law in the District of Columbia pending the outcome of the proceedings before the Court of Appeals.

After a hearing on bar counsel's petition and request that Mitrano be temporarily suspended in Massachusetts based on his suspension in New Hampshire, and after a period of delay in the unrealized expectation that the disciplinary proceeding in the District of Columbia soon would be resolved, I entered an order temporarily suspending Mitrano on April 14, 2008. That order was appealed.

On July 29, 2008, bar counsel filed a new Petition for Reciprocal Discipline essentially seeking Mitrano's disbarment based on the July 17, 2008, order of the Court of Appeals disbarring him in the matter that had been pending before it. Mitrano objected to the imposition of reciprocal discipline, and I held a further hearing in the matter on September 11, 2008. In contending that reciprocal discipline was not warranted, Mitrano submitted a lengthy memorandum outlining arguments he had made in a petition for rehearing in the Court of Appeals. After reviewing his submission, and hearing from the parties, I determined to leave the temporary suspension in effect pending a further ruling by the Court of Appeals.

On October 14, 2008, the Court of Appeals denied Mitrano's petition for rehearing, or rehearing en banc.2 Finding no reason why reciprocal discipline should not be imposed in light of the Court of Appeals order of disbarment, I will enter an order disbarring Mitrano from the practice of law in Massachusetts pursuant to S.J.C. Rule 4.01 (16), as appearing in 425 Mass. 1319 (1997).


FOOTNOTES:

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

2 In the interim, and based on the July 17, 2008, order of the District of Columbia Court of Appeals, the New Hampshire Supreme Court disbarred Mitrano.



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