Board of Overseers of the Bar v. Brian D. Condon Jr.
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MAINE SUPREME JUDICIAL COURT Decision: 2008 ME 24 Docket: Ken-07-359 Argued: January 16, 2008 Decided: February 5, 2008 Panel: Reporter of Decisions SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ. BOARD OF OVERSEERS OF THE BAR v. BRIAN D. CONDON JR. PER CURIAM [¶1] Brian D. Condon Jr. appeals from a judgment entered by a single justice of the Supreme Judicial Court (Calkins, J.) holding him in contempt for violating the court order suspending him from the practice of law. The practice of law is governed by the Maine Bar Rules; under these rules, licensed attorneys are subject to the court s disciplinary jurisdiction. M. Bar R. 1(a). An attorney discipline action is heard by a single justice of the Supreme Judicial Court. M. Bar R. 7.2(b)(2). [¶2] The findings of a single justice will be upheld unless clearly erroneous. Bd. of Overseers of the Bar v. Mangan, 2001 ME 7, ¶ 7, 763 A.2d 1189, 1192; Bd. of Overseers of the Bar v. Dineen, 500 A.2d 262, 264 (Me. 1985). Condon 2 presents several arguments that do not merit discussion. We decline to accept Condon s argument that the relevant burden of proof should be changed from clear and convincing evidence, which the court applied, to proof beyond a reasonable doubt; contempt in the context of attorney regulation is regulatory in nature. Bd. of Overseers of the Bar v. Campbell, 539 A.2d 208, 209 (Me. 1988); see also M. Bar R. 2(a). There is more than sufficient evidence in the record supporting the single justice s factual findings, Stickney v. City of Saco, 2001 ME 69, ¶ 13, 770 A.2d 592, 600, and the sanction imposed for his contemptuous conduct was in no way excessive. The entry is: Judgment affirmed. Attorney for Brian Condon: Karen G. Kingsley, Esq. (orally) Troubh Heisler 511 Congress Street PO Box 9711 Portland, Maine 04104-5011 Attorney for Board of Overseers of the Bar: Nora Sosnoff, Deputy Bar Counsel (orally) Board of Overseers of the Bar 97 Winthrop Street PO Box 527 Augusta, Maine 04332-0527
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