150 PRB

 

[Filed 20-Sep-2012]


 

STATE OF VERMONT

PROFESSIONAL RESPONSIBILITY BOARD

 

 

In re:   PRB File Nos. 2012.092

ORDER TO VACATE

Decision No. 150

 

Procedural Posture

            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.

            On June 15, 2012, the parties filed with the hearing panel a joint Request to Reject Stipulation of Facts which we now consider.

 

Order

            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.