Supreme Court No. SB-08-0152-DSupreme Court of Arizona.
December 5, 2008.
Disciplinary Commission No. 07-1908.
Steven D. Flaggman, Respondent (Certified Mail, Return Receipt and Regular Mail).
Nancy A. Greenlee, Respondent’s Counsel, Stephen P. Little, Bar Counsel, Stanley R. Lerner, Hearing Officer 7V.
Leticia V. D’Amore, Disciplinary Clerk (Cert. Copy).
Sandra Montoya, Lawyer Regulation Records Manager, State Bar of Arizona (Cert. Copy).
Molly Dwyer, Clerk, United States Court of Appeals for the Ninth Circuit (Cert. Copy).
Richard Weare, Clerk, United States District Court, District of Arizona (Cert. Copy).
West Publishing Company (Jode Ottman).
Lexis/Nexis.
JUDGMENT AND ORDER
This matter having come before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision, and no discretionary or sua sponte review occurring,
IT IS ORDERED, ADJUDGED AND DECREED that STEVEN D. FLAGGMAN a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of eighteen months, retroactive to January 8, 2008, for conduct in violation of his duties and obligations as a lawyer, as disclosed in the Disciplinary Commission Report.
IT IS FURTHER ORDERED that STEVEN D. FLAGGMAN shall be placed on probation for a period of two years upon reinstatement. Bar Counsel shall notify the Disciplinary Clerk of the date on which the probation begins. The terms of probation are as follows:
1. Respondent has entered into a voluntary contract with MAP and shall continue with the terms of his voluntary contract upon reinstatement and shall, at the discretion of the MAP director undergo a subsequent evaluation at the time of reinstatement. Any recommendations resulting from such assessment shall also be incorporated in the probation terms and conditions. Probation will begin to run at the time of reinstatement and will conclude two years from the date that all parties have signed the terms and conditions of probation.
2. Respondent shall refrain from engaging in any conduct that would violate the Rules of Professional Conduct or other rules of the Supreme Court of Arizona.
3. In the event that Respondent fails to comply with any of the foregoing probation terms and information thereof is received by the State Bar of Arizona, Bar Counsel shall file a Notice of Noncompliance with the imposing entity pursuant to Rule 60(a)(5), Ariz.R.Sup.Ct. The imposing entity may refer the matter to a hearing officer to conduct a hearing at the earliest practicable date, but in no event later than thirty days after receipt of notice, to determine whether a term of probation has been breached and, if so, to recommend an appropriate sanction. If there is an allegation that Respondent failed to comply with any of the foregoing terms, the burden of proof shall be on the State Bar of Arizona to prove noncompliance by clear and convincing evidence.
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IT IS FURTHER ORDERED that pursuant to Rule 60(b), the State Bar of Arizona is granted judgment against STEVEN D. FLAGGMAN for costs and expenses of these proceedings in the amount of $762.00, together with interest at the legal rate. Respondent shall pay all costs within thirty days of this judgment and order.
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