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Board of Overseers of the Bar v. Richard W. Gerrity, Esq.
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Docket No.: GCF-03-208
Issued by: Grievance Commission
Date: December 2, 2003
Respondent: Richard W. Gerrity, Esq.
Bar Number: 008805
Misconduct: Conduct Unworthy of an Attorney; Directly or Indirectly Violate, Circumvent, or Subvert any Provision of the Maine Bar Rules; Registration Requirements
REPORT OF FINDINGS OF PANEL E OF THE GRIEVANCE COMMISSION
On December 1, 2003, pursuant to due notice, Panel E of the Grievance Commission conducted a disciplinary hearing open to the public according to Maine Bar Rule 7.1(e)(2), to determine whether there were grounds to issue a reprimand or whether probable cause existed to file an information concerning alleged misconduct by the Respondent, Richard W. Gerrity, Esq., (Gerrity), as described in a Petition dated and filed by the Board of Overseers of the Bar (the Board) on October 8, 2003. Assistant Bar Counsel, Geoffrey S. Welsh, Esq., represented the Board, and David Q. Whittier, Esq., represented Gerrity, both being present at the hearing.
The complainant did not attend the hearing. She had, however, been notified and understood that the parties had stipulated to the following facts and agreed upon disposition of this matter by a reprimand, which the Panel now so finds and adopts:
The Panel concludes that the appropriate disposition of this case is a reprimand. Although Gerrity’s writing the Department might have been well intentioned and concerned what he perceived was the Department’s alleged inadequate treatment of its inmates, his doing so by holding himself out to the Department as an attorney on active status clearly was wrong, and he now so acknowledges that fact. The Panel concludes, therefore, that Gerrity be and he hereby is reprimanded for his misconduct.
For the Grievance Commission
Stephen G. Morrell, Esq., Chair
1Issued by the Professional Ethics Commission on May 6, 1987.
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