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Commonwealth of Massachusetts

Public Reprimand No. 2002-31



LEONARD E. ENOS, III

Order (public reprimand) entered by the Board December 23, 2002.

SUMMARY1


The respondent was admitted to the Bar of the Commonwealth on December 27, 1995. On June 18, 1997, the respondent was convicted, as that term is used in Supreme Judicial Court Rule 4:01, § 12(1), of operating a motor vehicle negligently so as to endanger, in violation of G.L. c. 90, § 24. The conviction arose out of an incident that occurred on May 18, 1997. The case was continued without a finding and later dismissed.

On August 16, 1999, the respondent was convicted, as that term is used in Supreme Judicial Court Rule 4:01, § 12(1), of failing to stop for a police officer while operating a motor vehicle, in violation of G.L. c. 90, § 25. The conviction arose out of an incident that occurred on August 15, 1999. The case was continued without a finding and later dismissed.

On November 16, 1999, the respondent pleaded guilty and was convicted, as that term is used in Supreme Judicial Court Rule 4:01, § 12(1), of assault and battery on a public employee, in violation of G.L. c. 265, § 13D. The conviction arose out of an incident that occurred on July 5, 1998. The respondent was placed on probation until November 15, 2000, with conditions of administrative supervision and an evaluation for the necessity of anger management and/or alcohol counseling. The respondent subsequently completed his term of probation. After the probation was completed, the court on November 15, 2000, allowed a previously-filed motion to revise and revoke, vacated the finding of guilty, and dismissed the case.

On March 9, 2001, the respondent was convicted, as that term is used in Supreme Judicial Court Rule 4:01, § 12(1), of operating under the influence of liquor in violation of G.L. c. 90, §24J, leaving the scene of property damage in violation of G.L. c. 90, § 24C, and negligent operation of a motor vehicle in violation of G.L. c. 90, § 24E. The conviction arose from an incident that occurred on January 6, 2001. The respondent was placed on probation until March 8, 2002, with conditions of loss of driver’s license and attendance at an alcohol first offender program. After the probation was completed, the Court on April 22, 2002, allowed a motion to revise and revoke sentence, vacated the guilty plea on Count One (OUI), and imposed a continuance without a finding.

As to conduct prior to January 1, 1998, the respondent violated Canon One, DR 1 102(A)(6). As to conduct after January 1, 1998, the respondent violated Mass. R. Prof. C. 8.4(b) and 8.4(h).

In mitigation, the respondent’s convictions are misdemeanors not involving the practice of law. In aggravation, the respondent was convicted of multiple offenses evincing a pattern of misconduct. In further aggravation, a public employee was injured during the incident that led to the November 16, 1999 conviction. In mitigation, the court dismissed the conviction after the respondent successfully completed his probation.

This matter came before the Board on a stipulation of facts and disciplinary violations and a joint recommendation for discipline by public reprimand, on the further condition that the respondent commence and continue in therapy for not less than one year with a licensed mental health professional with expertise in addiction disorders. The Board accepted the parties’ recommendation and imposed a public reprimand upon the conditions set forth in the stipulation.

1 Compiled by the Board of Bar Overseers based on the record of proceedings before the Board.



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