Supreme Court No. SB-09-0024-DSupreme Court of Arizona.
April 20, 2009.
Disciplinary Commission Nos. 07-1611, 07-1657, 07-1683, 07-1703, 07-2082, 08-0363.
JUDGMENT AND ORDER
This matter having come before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision, no discretionary or sua sponte review occurring,
IT IS ORDERED, ADJUDGED AND DECREED that CHESTER R. LOCKWOOD a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of ninety days effective the date of this judgment and order, for conduct in violation of his duties and obligations as a lawyer, as disclosed in the Disciplinary Commission Report.
IT IS FURTHER ORDERED that CHESTER R. LOCKWOOD shall be placed on probation upon reinstatement for a period of two years. The terms of probation are as follows:
1. The probation period shall begin to run at the time of Respondent’s reinstatement from suspension, and will terminate two years thereafter.
2. If Respondent leaves his employment at the Public Defender’s Office and/or re-enters private practice, he shall, within ten days, contact the State Bar’s Law Office Management Assistance Program, enter into a LOMAP contract and successfully complete his contract. Respondent shall comply with and cooperate with all recommendations of LOMAP.
3. 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.
4. In the event that Respondent fails to comply with any of the foregoing conditions, and the State Bar receives information, bar counsel shall file with the imposing entity a Notice of Non-Compliance, pursuant to Rule 60(a)(5), Ariz.R.Sup.Ct. The Hearing Officer shall conduct a hearing within thirty days after receipt of said notice, to determine whether the terms of probation have been violated and if an additional sanction should be imposed. In the event there is an allegation that any of these terms have been violated, the burden of proof shall be on the State Bar of Arizona to prove non-compliance by clear and convincing evidence.
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IT IS FURTHER ORDERED that Respondent shall comply with all the provisions of Rule 72, Rules of the Supreme Court of Arizona, including, but not limited to, Rule 72(a), which requires that Respondent notify all of his clients, within ten (10) days from the date hereof, of his inability to represent them and that he should promptly inform this Court of his compliance with this Order as provided in Rule 72(e).
IT IS FURTHER ORDERED that Respondent shall comply with all rule provisions regarding reinstatement proceedings.
IT IS FURTHER ORDERED that pursuant to Rule 60(b), the State Bar of Arizona is granted judgment against CHESTER R. LOCKWOOD for costs and expenses of these proceedings in the amount of $1145.32, together with interest at the legal rate from the date of this judgment. The judgment for costs and expenses shall be paid within thirty days from the date of this judgment.
DATED this ______ day of _________, 2009.
TO:
Chester R. Lockwood, Respondent (Regular Mail Certified Mail, Return Receipt)
David P. Stoller, Respondent’s Counsel
Stephen P. Little, Bar Counsel
Robert J. Stephan, Jr., Hearing Officer 9R
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