Decision  In the Matter of Arthur R. Smith, Jr.

Date:	10/31/2000
Organization:	State Ethics Commission
Docket Number:	522

• Respondent: Arthur R. Smith, Jr.
• Appearance for Respondent: Raymond R. Couture, Esq.
• Appearance for Petitioner: David A. Wilson, Esq.
• Presiding Officer: Edward D. Rapacki, Esq.
• Commissioners: Wagner, Ch,, Rapacki, Moore and Cassidy

Amended Order on Respondent's Assented-To Motion to Dismiss

We treat Respondent's Assented-To Motion to Dismiss the
above-captioned matter as one for summary decision pursuant to 930
C.M.R. s. 1.01(6)(f) because Respondent has presented materials
outside the pleadings. Upon review and consideration of
Respondent's Motion and accompanying documentation, which was unmet
by countervailing materials, we hereby conclude that Respondent
does not have "sufficient present ability to consult with his
lawyer with a reasonable degree of rational understanding," nor
does he appear to have a "rational as well as a factual
understanding of the proceeding against him." 362 U.S. 402().
Accordingly, we allow Respondent's motion.

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