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NO: SJC-BD-1994-032


S.J.C. Order Rescinding October 30, 2000 Reinstatement entered by Justice Cowin; James L. McIntyre Returned to Indefinite Suspension Status on June 14, 2002


This matter comes before me on Bar Counsel's notice of probation violation and petition for appropriate relief. Bar Counsel has notified the court that the respondent, James L. McIntyre, Esq., who was reinstated to the practice of law on October 13, 2000, and placed on probation for two years (Matter of McIntyre, 16 Mass. Att'y Disc. R. 320 [2000]), has violated the terms of his probation by ingesting cocaine.

In September, 1994, the respondent was placed on indefinite suspension following multiple criminal convictions. Matter of McIntyre, 10 Mass. Att'y Disc. R. 186 (1994). On October 13, 2000, the court accepted the stipulation of the parties and the recommendation of the Board, reinstated the respondent, and placed him on probation on the terms recommended by the parties. One of the conditions of reinstatement was that the respondent enter into and fulfill a two-year sobriety-monitoring contract with Lawyers Concerned for Lawyers (LCL). In January, 2001, the respondent entered into such a contract, the Monitored Rehabilitation Agreement (contract). The contract required, inter alia, that the respondent “totally abstain from the use of alcohol and all mood-altering substances,” and submit to random urine screens within eight hours of request by LCL “if there is reasonable doubt as to his sobriety.”

In a random urine screen conducted on April 8, 2002, the respondent tested positive for cocaine. The respondent has thus violated a condition of his reinstatement. The condition imposed by the single justice, by means of the LCL contract, was that he remain drug-free for two years. He has not done so.

This is a condition integrally involved with respondent's ability to practice law. If he is incapable of conforming to a reasonable condition imposed by this court and is incapable of controlling himself insofar as his use of drugs is concerned, he is unable to engage in a position in which he has fiduciary responsibilities and in which clients rely on his judgment. This violation thus goes to the essence of his ability to perform as a professional.

Accordingly, after hearing and review of the papers submitted, the order of reinstatement entered on October 30, 2000, is rescinded; James L. McIntyre, Esq. is returned to indefinite suspension status; and he may not apply for reinstatement to the bar for one year from the date of the court’s order.

By the Court
Judith A. Cowin, Justice

Entered: June 14,2002

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