Unrestrained Attorney Faces Sanction

The New Hampshire Professional Conduct Board recommends a two-year suspension of an attorney

The Attorney Discipline Office (“the ADO”) filed a Notice of Charges (“Notice”) alleging that the Respondent, James E. Michalik, violated Rules of Professional Conduct 8.1, 8.4(a), 8.4(b), and Supreme Court Rule 42(XIV). The Notice alleged that Mr. Michalik was twice convicted of the crime of violating a domestic violence restraining order involving the same victim, his wife Sharon. RSA 173-B:9, III. It further alleged that he failed to respond to the Notice. By virtue of his failure to respond, Mr. Michalik was deemed to have admitted to the charges. Sup. Ct. R. 37A(III)(b)(3)(A), and a Hearing Panel (“Panel”) was convened to fix a sanction.

Mr. Michalik failed to appear for the sanction hearing. After the hearing, the Panel issued an order recommending that he be suspended from the practice of law for two years and be assessed the costs incurred by the ADO in the investigation and prosecution of the matter.

The New Hampshire Supreme Court will decide the matter. (Mike Frisch)