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Commonwealth of Massachusetts

NO. BD-2008-103

IN RE: MICHAEL F. GALLAGHER

S.J.C. Order of Term Suspension entered by Justice Ireland on November 13, 2008.1

SUMMARY2

On October 12, 2007, the respondent was convicted in the Seventh Judicial Circuit Court of St. Johns County, Florida, of felony vehicular homicide in violation of section 782.071(1) of the Florida Statutes. The respondent was sentenced to seven years’ incarceration followed by five years of probation with conditions that he abstain completely from the use of alcoholic beverages and not visit places where the sale of alcohol is the primary source of income.

On October 16, 2008, bar counsel filed a notice of conviction and petition for temporary suspension in the Supreme Judicial Court for Suffolk County. In the meantime, on October 2, 2008, the Florida Supreme Court suspended the respondent for three years and prohibited the respondent from petitioning for reinstatement until he had served his criminal sentence and had his civil rights fully restored in Florida. On October 22, 2008, bar counsel filed a petition for reciprocal discipline and a motion to consolidate the petition for reciprocal discipline with the notice of conviction and petition for temporary suspension. The motion to consolidate was granted on October 28, 2008.

On October 28, 2008, the county court issued an order to show cause why the petition for reciprocal discipline should not be granted. On November 10, 2008, the respondent filed a response agreeing to reciprocal discipline as requested by bar counsel. On November 13, 2008, the Supreme Judicial Court for Suffolk County (Ireland, J.) entered an order suspending the respondent for three years effective immediately and conditioning reinstatement in Massachusetts on the respondent’s reinstatement in Florida.


FOOTNOTES:

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 filed with the Supreme Judicial Court.



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