Carter v. Walsh, 79-227-M

• Decision Date: 10 April 1980
• Docket Number: No. 79-227-M,79-227-M
• Citation: 413 A.2d 83,122 R.I. 858
• Parties: Frank A. CARTER, Jr., Chief Disciplinary Counsel, v. Stephen R. WALSH. P.
• Court: Rhode Island Supreme Court

Page 83

413 A.2d 83

122 R.I. 858

Frank A. CARTER, Jr., Chief Disciplinary Counsel, v. Stephen R. WALSH.

No. 79-227-M.P.

Supreme Court of Rhode Island.

April 10, 1980.

[122 R.I. 860] Alan S. Flink, Providence, for petitioner.

Charles H. McLaughlin, Providence, for respondent.

OPINION

KELLEHER, Justice.

In a manner of speaking, this is a post-script to Carter v. Walsh, R.I., 406 A.2d 263 (1979), where, on September 14, 1979, we ordered the respondent "to submit his resignation forthwith from the practice of law in accordance with the provisions of Rule 42-23 * * *." This order was part of an opinion in which we affirmed the Disciplinary Board's findings that the respondent had neglected a matter entrusted to his care and had engaged in deceitful conduct. The respondent now asks that we reconsider the penalty imposed and in the process differentiate a "resignation * * * from the practice of law," as called for in our opinion, from Supreme Court Rule 42-23's proviso that speaks of a resignation "from membership in the Bar of this state * * *." As will be seen, there is a reason for this request.

For the past twenty years, respondent has been teaching law-related subjects at a local college. On November 6, 1979, he was notified that his pedagogical pursuits insofar as they concerned those courses would be terminated "until such time as the court decides that you will again be permitted to practice law in the State of Rhode Island * * *." The respondent apparently believes that, even though he is required to resign "from the practice of law," once he complies with this request, he will be an inactive practitioner who, nevertheless "continues to possess a license" to practice law. We cannot concur in this line of thinking.

To put respondent's contention in its proper perspective, we would point out that in Carter v. Walsh, R.I., 406 A.2d 263, 265 (1979), after affirming the board's factual findings, we alluded to the court's obligation "to fashion a sanction which fulfills the court's obligation to the public and profession, edifies the bar, and is fair and just to the respondent." The board was of the opinion that a suspension was in order, but we, after considering the years of distinguished service respondent had rendered as an attorney prior to his becoming immersed in the ways of academia, opted for a mandatory retirement "from the practice of law." In the interest of preciseness, we should have employed the language of our rule and demanded...