Published Order Revoking Probation and Imposing Suspension
LORETTA H. RUSH Chief Justice.
On August 24, 2011, the Court entered an order suspending Respondent from the practice of law for a period of 90 days, with 30 days actively served and the remainder stayed subject to completion of at least two years of probation.
Following an initial probation violation, upon joint motion by the parties the Court entered an order on April 14, 2015, modifying and extending Respondent's probation. Consistent with the parties' joint motion, our order provided that "[a]ny violation of the modified terms of Respondent's probation shall constitute a material violation which will result in revocation" and that "[i]f Respondent's probation is revoked, he shall serve the sixty-day balance of his suspension without automatic reinstatement."
On December 19, 2016, the Commission filed a verified motion to revoke Respondent's probation, pursuant to Admission and Discipline Rule 23(17.2)(a) (2016), asserting Respondent violated the conditions of probation by failing to pay bankruptcy filing fees or installments thereon when due despite his clients having advanced those fees to Respondent, commingling those client funds with his own, and representing to the Bankruptcy Court that those client funds were no longer available. Respondent has filed responsive papers admitting the material allegations in the Commission's motion and requesting, among other things, that any suspension be delayed and imposed with, rather than without, automatic reinstatement.
Being duly advised, the Court GRANTS the Commission's motion and revokes Respondent's probation.
All Justices concur.