PCB 42

[04-Dec-1992]

                              STATE OF VERMONT
                                    
                         PROFESSIONAL CONDUCT BOARD

Re:      PCB File 89.59


                           NOTICE OF DECISION

                                 NO. 42
         This matter was submitted to the Board by stipulation between
Respondent and bar counsel.  Based upon that stipulation, the Board makes the
following findings of fact, conclusions of law and imposes a sanction of
private admonition.
                                     Facts
    1.  Respondent has been a member of the Vermont Bar for more than 15
years.  He is in the private practice of law.
    2.  In October of 1989 and again in December of 1990, the court ordered
Respondent to pay a sum certain in child support payments for the benefit of
his minor son.
    3.  Respondent failed to make the payments as required by the order.
Respondent did not take appropriate steps in good faith to test the validity
of the order.  Respondent did not request the court to modify its order prior
to disobeying the outstanding order.
    4.  In July of 1991, the court found that respondent had failed to make
twelve child support payments over a six month period, creating an arrearage
in the amount of $840.00.  The court further found that Respondent had an
ability to make the payments.  The court held Respondent in contempt of court
for violating its order.  Respondent promptly purged himself of contempt by
paying the court ordered child support.
                              Conclusions of Law
     Respondent's conduct as described above violated DR 1-102(A)(7), DR 7-
106(A) and EC 1-5 of the Code of Professional Responsibility. 
                                Sanction
     Mitigating factors present include absence of a prior disciplinary
record, co-operative attitude toward the disciplinary proceedings, imposition
of other penalties, emotional problems, and respondent's remorse for his
failure to comply with the court order. Aggravating factors include
substantial experience in the practice of law, a selfish motive, and the
vulnerability of the victim.
     Based on the above, the Board has issued a private admonition to
respondent.             
    Dated at Montpelier this 4th day of December, 1992.

                                PROFESSIONAL CONDUCT BOARD
                                         /s/
                                __________________________
                                J. Eric Anderson, Chairman

     /s/ 
____________________________         __________________________
Deborah S. Banse, Esq.               Nancy Foster

      /s/                                /s/
____________________________         ___________________________
Anne K. Batten                       Joseph F. Cahill, Jr., Esq.
  
      /s/         
____________________________          ____________________________
Rosalyn L. Hunneman                   Nancy Corsones, Esq.

       /s/                                  /s/
____________________________          ______________________________
Robert P. Keiner, Esq.                Christopher L. Davis, Esq.
     /s/
____________________________           ______________________________
Donald Marsh                           Hamilton Davis

                                          /s/
_____________________________          ______________________________
Karen Miller                           Paul S. Ferber, Esq.

     /s/
_____________________________ 
Edward Zuccaro, Esq.