STATE OF VERMONT
PROFESSIONAL RESPONSIBILITY BOARD
In re: PRB File Nos. 2012.092
ORDER TO VACATE
Decision No. 150
On February 2, 2012, this Hearing Panel issued a decision admonishing Respondent for violation of Rules 1.15(f)1 and 1.15(f)2 of the Vermont Rules of Professional Conduct. The decision was based upon a stipulation of facts dated December 6, 2011, and executed by Respondent and Disciplinary Counsel.
The Supreme Court ordered review of the decision on its own motion pursuant to Administrative Order 9 Rule 11 (E). The Court directed the parties to address the “standard of liability governing Rule 1.15 of the Vermont Rules of Professional Conduct.” Each party filed a brief. Upon receiving the Respondent’s brief, Disciplinary Counsel realized that the joint Stipulation of Facts filed with the hearing panel, and upon which the hearing panel based its decision, was not accurate. The parties joined to request the Court to vacate the hearing panel decision. The Court, by Entry Order dated May 31, 2012, remanded the matter to this Hearing Panel to address the parties’ motion.
A.O. 9 Rule 11(D)(5)(a) gives hearing panels the authority to either accept or reject a stipulation of facts. Based upon the parties request, we hereby reject the stipulation filed December 6, 2011; we also VACATE the order of this Hearing Panel dated February 2, 2012.
Dated:____________________ Hearing Panel No. 10
Danielle D. Fogarty, Esq., Chair
Joseph O’Dea, Esq.
Robert Bergman, D.V.M.