50 PRB

[13-Mar-2003]



                              STATE OF VERMONT
                      PROFESSIONAL RESPONSIBILITY BOARD

       In re: PRB File No. 2000-040
              Anne Whitten, Esq. - Respondent

                            ORDER-DECISION NO. 50

       On August 12, 2002, Special Disciplinary Counsel filed a Petition of
  Misconduct against the Respondent.  The Petition alleged a violation of
  DR7-104(A)(1) (communicating or causing another to communicate on the
  subject of representation with a  party known to be represented by a lawyer
  in that matter).  A Response to the Petition was timely filed, and the
  matter was scheduled for hearing before this Hearing Panel.

       On January 20, 2003, Special Disciplinary Counsel filed a "Motion to
  Dismiss Petition of Misconduct".  In that pleading, Counsel asserted that
  further witness interviews tended to demonstrate that the Respondent had
  not "caused" the communication described in the Petition.  Special
  Disciplinary Counsel, mindful of the pertinent burden of proof, as well as
  the pre-existing interpretation of DR7-104(A)(1), requested that the
  Petition be dismissed.

       The Hearing Panel accepts Special Disciplinary Counsel's assessment of
  his case, and agrees that, under the circumstances described in the motion,
  dismissal is warranted.  Accordingly, the Petition of Misconduct is
  DISMISSED.

       Dated this 18th day of February, 2003.

       Hearing Panel No. 4

       FILED: MARCH 13, 2003

  /s/					/s/
  __________________________		___________________________
  Paul Ferber, Esq., Chair		George Coppenrath

  /s/							
  __________________________
  Robert Butterfield, Esq.