Matter of Kavanaugh

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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF A MEMBER § OF THE BAR OF THE SUPREME § No. 528, 2006 COURT OF DELAWARE: § § Board Case No. 40, 2006 GERARD P. KAVANAUGH, JR., § Respondent. § Submitted: October 4, 2006 Decided: October 5, 2006 Before HOLLAND, JACOBS and RIDGELY, Justices. ORDER This 5th day of October 2006, it appears to the Court that the Board on Professional Responsibility (the Board ) has filed its report in this matter pursuant to Rule 9(d) of the Delaware Lawyers Rules of Disciplinary Procedure ( Procedural Rules ) recommending Gerard P. Kavanaugh, Jr., Esquire (the Respondent ) be transferred to disability inactive status. Neither the Respondent nor the Office of Disciplinary Counsel ( ODC ) has filed objections to the Board s Report and Recommendation. The Court has reviewed the matter pursuant to Procedural Rule 9(e) and concludes that the Board s Report and Recommendation should be approved. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. The Respondent is transferred to disability inactive status until such time as he can demonstrate by clear and convincing evidence that any disabilities have been removed; 2. The ODC is directed to petition the Court of Chancery for appointment of James E. Harker, Esquire, as received for the Respondent s law practice; 3. The Respondent may petition the Court for transfer to active status once every six months; and 4. This Order shall be made public. BY THE COURT: /s/ Randy J. Holland Justice 2

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