Stayed Suspension And Probation for Misdemeanor Convictions
From the web page of the Idaho State Bar
On January 29, 2015, the Idaho Supreme Court issued a Disciplinary Order suspending Boise attorney Gregory J. Vietz from the practice of law for a period of 9 months, with the entire 9 months withheld and placing him on disciplinary probation.
The Idaho Supreme Court found that Mr. Vietz violated I.R.P.C. 8.4(b) [Commission of a crime] and 8.4(d) [Conduct prejudicial to the administration of justice]. The Idaho Supreme Court’s Disciplinary Order followed a stipulated resolution of an Idaho State Bar disciplinary proceeding and related to the following circumstances.
In January, 2013, Mr. Vietz was charged in Ada County with two felonies, aggravated assault with a deadly weapon, felony use of a deadly weapon in a commission of a felony, and four misdemeanors, battery, resisting or obstructing officers, discharge of a firearm within city limits and assault on a police dog. In August, 2013, Respondent entered Alford pleas to two misdemeanors, discharging a firearm within city limits and assaulting a police dog. The court entered judgment imposing a sentence of 28 days incarceration, a fine, public service, and placed Mr. Vietz on supervised probation for two years.
In February, 2013, Mr. Vietz completed a 90-day intensive outpatient recovery program and he has attended a continuing care relapse prevention program. Since August 19, 2013, Mr. Vietz has been randomly tested for alcohol or controlled substances and all tests have been negative.
The Disciplinary Order provides that Mr. Vietz’s 9 month suspension is withheld during his disciplinary probation until February 19, 2016 and subject to the terms and conditions of probation, which include: compliance with the terms of his criminal probation; avoidance of any alcohol or drug related criminal acts, or alcohol or drug related traffic violations; participation in a program of random urinalysis; and if Mr. Vietz admits or is found to have violated any of the Idaho Rules of Professional Conduct for which a public sanction is imposed for any conduct during his period of probation, regardless whether that admission or determination occurs after the expiration of the probationary period, the entire withheld suspension shall be imposed.
The withheld suspension does not limit Mr. Vietz’s eligibility to practice law.
(Mike Frisch)