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Commonwealth of Massachusetts

NO. BD-2009-032

IN RE: REDMOND L. CLEVENGER, JR.

S.J.C. Order of Indefinite Suspension entered by Justice Gants on June 5, 2009, with an effective date of July 6, 2009.1

SUMMARY2

On February 5, 2009, the respondent, Redmond L. Clevenger, Jr., was suspended by the Delaware Supreme Court “indefinitely until Mr. Clevenger petitions this Court for reinstatement and demonstrates his fitness to practice law in the State of Delaware.” The suspension was based upon a finding of contempt for the respondent’s failure to comply with probationary conditions entered in a prior disciplinary proceeding.

In the disciplinary proceeding, the respondent was found to have failed to timely file annual registration statements for 2007 and 2008, to timely file and pay tax obligations for 2006 and 2007, to file a CLE transcript and make-up plan for 2006 and to respond to communications from the CLE Commission and the Lawyers’ Fund for Client Protection. In mitigation, the respondent’s misconduct had been influenced by depression and anxiety. The respondent received an admonition for his misconduct, conditioned on a two-year probationary term under the supervision of a practice monitor, with ongoing psychological counseling, compliance with all reporting requirements and cooperation with any inquiries from disciplinary counsel. The court’s subsequent finding of contempt and suspension order resulted from the respondent’s failure to provide the name of a practice monitor and to respond to a number of letters from disciplinary counsel concerning his books and records. The respondent also did not respond to the court’s rule to show cause as to why he should not be held in contempt.

The respondent did not report the Delaware suspension to Massachusetts bar counsel, as required by S.J.C. Rule 4:01, § 16(6).

On April 9, 2009, bar counsel filed a petition for reciprocal discipline with the Supreme Judicial Court for Suffolk County. The Court issued an order of notice giving the respondent thirty days to show cause why reciprocal discipline should not be ordered in Massachusetts. After the respondent filed an answer and bar counsel filed a response, the Court (Gants, J.) entered an order on June 5, 2009, suspending the respondent indefinitely, with the respondent’s eligibility for reinstatement in Massachusetts conditioned upon his reinstatement in Delaware.


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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