In re Morrissette

ENTRY_ORDER.93-401; 161 Vt. 576; 636 A.2d 329

[Filed 16-Nov-1993]

                                 ENTRY ORDER

                       SUPREME COURT DOCKET NO. 93-401

                             OCTOBER TERM, 1993



 In re Peter J. Morrissette, Esq.  }          Original Jurisdiction
                                   }
                                   }
                                   }          Professional Conduct Board
                                   }
                                   }
                                   }          Docket No. 92-48


              In the above entitled cause the Clerk will enter:


      Pursuant to the recommendation of the Professional Conduct Board filed
 October 8, 1993, and approval thereof, it is hereby ordered that Peter J.
 Morrissette, Esq., be publicly reprimanded for the reasons set forth in the
 Board's Notice of Decision attached hereto for publication as part of the
 order of this Court.  A.O. 9, Rule 8E.

      Allen, C.J., dissenting.  I am unable to concur in the recommended
 sanction in this matter.  The Board included as a mitigating factor the
 absence of selfish or dishonest motive.  The findings, however, are totally
 devoid of any suggestion as to what the respondent's motives were.  The
 alteration to the release of the right to first refusal and the material
 change to the covenants in the deed from the Damazos to the Cronins was, as
 the Board concluded, serious misconduct.  I am at a loss as to how this
 conduct can then be characterized as negligence or be considered as a lack
 of diligence, thoroughness or caution.

 

      At the very least the matter should be remanded to ascertain the
 reasons for the alterations.  Until this is known, it is impossible to
 impose an appropriate sanction.


                                    BY THE COURT:


 Dissenting:                        _______________________________________
                                    Ernest W. Gibson III, Associate Justice

 ________________________________   _______________________________________
 Frederic W. Allen, Chief Justice   John A. Dooley, Associate Justice

                                    _______________________________________
                                    James L. Morse, Associate Justice

                                    _______________________________________
 [x]  Publish                       Denise R. Johnson, Associate Justice

 [ ]  Do Not Publish