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Commonwealth of Massachusetts

NO. BD 1998-003

IN RE: FRANCIS X. MACKEY

S.J.C. Judgment of Disbarment entered by Justice Ireland on October 6, 2000.1

SUMMARY2

On October 28, 1997, the respondent was convicted in the Kent County Superior Court of Rhode Island of "the abominable and detestable crime against nature" in violation of R.I.G.L. § 11-10-1. The conviction involved sexual misconduct with a four year old boy. The respondent was sentenced to seven years' imprisonment, all suspended, and placed on probation with conditions that he engage in alcohol counseling and register as a sex offender.

The conviction is for a felony offense and constitutes a "serious" crime as defined by S. J. C. Rule 4:01, § 12(3). In violation of S. J. C. Rule 4:01, § 12(8), the respondent failed to notify bar counsel within ten days of his conviction. The respondent's conduct violated Canon One, Disciplinary Rules 1-102(A)(5) and (6).

Bar counsel filed a petition for discipline on December 20, 1999. The respondent failed to file an answer, and, on March 23, 2000, the board of bar overseers deemed the allegations of the petition for discipline admitted and placed the matter on its agenda for final disposition. On April 5, 2000, the respondent moved to vacate the default and to file an answer on the grounds that he had not received service of the petition for discipline and had a meritorious defense. After a hearing, the chair of the board found that the respondent had received service of the petition and that his defenses-that his conduct did not involve the practice of law and that he had been temporarily suspended by the Rhode Island Supreme Court-were not meritorious.

On August 14, 2000, the board of bar overseers affirmed the ruling of the chair and voted to file an information with the Supreme Judicial Court for Suffolk County recommending that the respondent be disbarred retroactive to April 9, 1998, the effective date of his temporary suspension in Massachusetts. See Matter of Mackey, 14 Mass. Att'y Disc. R 445 (1998).

Following a hearing on the information on September 29, 2000, on October 6, 2000, the Supreme Judicial Court for Suffolk County (Ireland, J.) entered a judgment of disbarment, effective April 9, 1998.

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 before the Court.



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