Supreme Court No. SB-11-0036-RSupreme Court of Arizona.
May 25, 2011.
Disciplinary Commission No. 10-6009.
ORDER OF REINSTATEMENT
REBECCA WHITE BERCH, Chief Justice.
Applicant BERNARD M. STRASS has established to the satisfaction of the Disciplinary Commission and this Court that he is qualified for reinstatement to active bar membership. Pursuant to Rule 65 of the Rules of the Supreme Court,
IT IS ORDERED that BERNARD M. STRASS is reinstated as a member of the State Bar of Arizona effective the date of this Order.
IT IS FURTHER ORDERED that BERNARD M. STRASS is placed on two years of probation with the State Bar’s Member Assistance Program (“MAP”). The terms of probation are as follows:
1. Applicant’s term of probation is effective the date of the order of reinstatement and shall terminate two years thereafter.
2. Within thirty days of the date of the order of reinstatement, Applicant shall contact the Director of MAP. If deemed appropriate, Applicant shall submit to a new MAP assessment unless the prior assessment by Dr. Joel Glassman dated September 14, 2010 is deemed appropriate. The Director of MAP shall develop “Terms and Conditions of Probation” and the terms shall be incorporated herein by reference. Unless determined otherwise by the Director of MAP, Applicant shall participate in the member support group and meet regularly with a peer monitor. Applicant shall be responsible for any costs associated with MAP.
3. The MAP terms and conditions shall include a requirement that Applicant retain and consult with a personal counselor or therapist on a regular basis as determined by the counselor or therapist.
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4. During the first year of his reinstatement, Applicant shall complete at least thirty hours of Continuing Legal Education and provide proof of his compliance to bar counsel.
5. The State Bar shall report material violations of the terms of probation pursuant to Rule 60(a)(5), Ariz.R.Sup.Ct., and a hearing may be held within thirty days to determine if the terms of probation have been violated and if an additional sanction should be imposed. The burden of proof shall be on the State Bar to prove non-compliance by a preponderance of the evidence.
DATED this _____ day of May, 2011.
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