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Commonwealth of Massachusetts

NO. BD-2009-011

IN RE: MARK Y. DUTKEWYCH

S.J.C. Order of Indefinite Suspension entered by Justice Cordy on December 31, 2009.1

SUMMARY2

The respondent was admitted to the bar of the Commonwealth on January 11, 2006. While criminal charges were pending against him in Concord District Court, he agreed to be temporarily suspended, and the order was entered on January 6, 2009.

On June 4, 2009, in Concord District Court, the respondent either pleaded guilty or admitted to sufficient facts to two counts of possession of a firearm without an FID card in violation of G. L. c. 269, § 10(h); possession of a class B drug in violation of G. L. c. 94C, § 34; two counts of breaking and entering into a vehicle or boat in the daytime in violation of G. L. c. 266, § 17; two counts of larceny over $250 in violation of G. L. c. 266, § 30(1); two counts of credit card fraud over $250 in violation of G. L. c. 266, § 37C(e); three counts of identity fraud in violation of G. L. c. 266, § 37E; two counts of receiving stolen property over $250 in violation of G. L. c. 266, § 60; two counts of breaking and entering in the daytime to commit a felony in violation of G. L. c. 266, § 16; and larceny under $250 in violation G. L. c. 266, § 30(1). On July 8, 2009, the respondent was convicted in the Waltham District Court of breaking and entering in the daytime to commit a felony, and, on July 23, 2009, he was convicted in the Framingham District Court of breaking and entering in the daytime to commit a felony, person in fear, in violation of G. L. c. 266, § 17.

On the Concord District Court cases, the respondent was sentenced to one year in the house of correction, with sixty days to serve but deemed completed and the remaining term suspended for two years. He was required to enter and complete the Naumkeag program at McLean Hospital, enter and complete a six-month residential program, undergo weekly counseling, abstain from drugs and alcohol, submit to random screens, follow up on all recommended treatment, and report to probation as ordered. In the Waltham case, the respondent was placed on probation subject to these same terms, and he was sentenced to a two-year suspended sentence in Framingham subject to similar conditions.

These crimes were committed between November 2008 and April 2009. For some of the crimes, the respondent’s criminal conduct involved taking credit cards from cars parked at the town transfer station and using them to purchase various items. For the other crimes, respondent entered homes during the day to look for prescription drugs.

In aggravation, the respondent committed multiple criminal offenses, some of them felonies. In addition, some of his crimes were committed after he was suspended from practice.

In mitigation, none of the crimes involved the practice of law, the administration of justice, or acts of violence. In addition, the respondent had long suffered from obsessive-compulsive disorder and depression. In February 2001, he was seriously injured when his car was struck head on by another car. The respondent was treated with hydrocodone, Valium, and OxyContin and became addicted to pain medication. His depression and stress increased in 2008, when he fell ill with a myriad of unusual symptoms including joint pain, bleeding, fatigue, and memory loss, later diagnosed as Lyme disease. In the meantime, the respondent sought pain medications both from his physicians and also by committing break-ins to obtain prescription drugs. He did not obtain or use street drugs.

On December 9, 2009, bar counsel and the respondent entered into a stipulation in which the respondent admitted to having been convicted of these crimes and that his conduct violated Mass. R. Prof. C. 8.4(b), (c), and (h). They agreed that an indefinite suspension effective on the entry date was the appropriate discipline. On December 14, 2009, the Board of Bar Overseers voted to accept the parties’ stipulation and recommendation for discipline. On December 31, 2009, the Supreme Judicial Court for Suffolk County entered an order indefinitely suspending the respondent effective immediately upon entry of the order.


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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