In the cases listed below, there are disciplinary proceedings pending. Files in these cases are a matter of public record and available for examination at the Office of the Professional Responsibility Board, 1st Floor of the Supreme Court Building, 111 State Street, Montpelier.

 

Bowen, Richard K.
Respondent’s Counsel:  Richard K. Bowen
Disciplinary Counsel: Sarah Katz
Docket Number: PRB Docket No. 2019-083 and 088
Status: ASSIGNED TO HEARING PANEL. On June 28, 2019 a Petition of Misconduct was filed. Hearing Panel was assigned on July 5, 2019. On July 22, 2019, Respondent filed an answer to the Petition of Misconduct. On August 2, 2019, Disciplinary Counsel filed a Jointly Proposed Scheduling Order. On September 26, 2019, the Hearing Panel Chair signed the order. On November 8, 2019 Disciplinary Counsel filed a witness and exhibit list which was followed by an exhibit list filed by the Respondent on November 19, 2019. In an order filed on November 21, the Hearing Panel noted that the parties had not filed a jointly stipulated list of exhibits as outlined in the scheduling order, and requested compliance by notifying the panel in writing by December 2, 2019. On November 22, 2019, the Hearing Panel issued a Notice of Hearing for a full day hearing to be held at 9 a.m., December 11, 2019 in Courtroom #4 at the Bennington Family Courthouse. On November 27, 2019 the parties submitted a Consolidated List of Exhibits. On January 24, 2020, Respondent filed a motion to extend the filing date of the Memorandum of Law and Findings. Disciplinary Counsel filed a letter of no objection to the motion on January 31, 2020. The Hearing Panel order was issued on February 4, 2020, granting the motion, setting a new filing deadline for memoranda of law addressing violations and sanctions for March 10, 2020. On March 10, 2020, Disciplinary Counsel and Respondent filed Proposed Findings of Fact and Memo of Law. The Hearing Panel issued PRB Decision No. 233 on May 7, 2020. Respondent submitted a Request for Stay on May 12, 2020. On May 13, 2020 the Hearing Panel issued an Order denying the Request.

Documentation:

 

Fink, Melvin
Respondent’s Counsel: David Sleigh

Disciplinary Counsel: Sarah Katz
Docket Number: PRB Docket No. 2019-012
Status: ASSIGNED TO HEARING PANEL. On February 20, 2019 a Petition of Misconduct was filed. Hearing Panel was assigned on February 27, 2019. Respondent’s Counsel filed an Answer with a Request for Stay of the Proceedings on February 27, 2019. Disciplinary Counsel filed no objection to stay on February 28, 2019. On March 8, Hearing Panel issued an Order requesting information filed in the criminal proceeding and any terms or conditions or release pending trial. On March 8, 2019, Respondent’s Counsel filed the Information and Conditions of Release in State v. Melvin Fink, Docket No. 124-1-19, as ordered by the Hearing Panel. On March 28, 2019 the Hearing Panel filed a Ruling on Request to Stay granting the motion with conditions. On March 29, 2019, Disciplinary Counsel filed a Motion for Reconsideration. The Motion was joined by Respondent. On May 3, 2019, the Hearing Panel issued a ruling on the motion amending the Panel’s March 28, 2019 decision.

Documentation:

 

Manby, C. Robert, Jr.
Respondent’s Counsel:  Harry Ryan
Disciplinary Counsel: Sarah Katz
Docket Number: PRB Docket No. 2019-089
Status: ASSIGNED TO HEARING PANEL. On November 27, 2019 a Stipulation of Facts and Jointly Proposed Conclusion of Law was filed. Hearing Panel 2 was assigned on December 9, 2019. On December 17, 2019, the Hearing Panel Chair filed a Scheduling Order. On January 3, 2020, Disciplinary Counsel filed a Memorandum of Law Addressing Jointly Proposed Conclusions of Law. On January 17, 2020, Respondent filed a Memo in Opposition to Disciplinary Counsel’s Memo of Law. Respondent then filed a supplemental response on February 18, 2020, clarifying the Memo in Opposition. On March 6, 2020, the Hearing Panel issued a ruling rejecting the parties’ Proposed Stipulation of Facts.

Documentation:

 

Wysolmerski, Sigismund
Respondent’s Counsel: N/A
Disciplinary Counsel: Katz, Sarah
Docket No. 2018-069
Status: ASSIGNED TO HEARING PANEL. A Petition of Misconduct was filed on September 26, 2018. The case has been assigned to a Hearing Panel. A hearing was scheduled for May 2, 2019. On February 15, 2019 Disciplinary Counsel filed a Request for Resolution of Discovery Dispute with Certificate of Service, followed on February 19th with an Amended Certificate of Service.  A hearing was held on March 14, 2019 in response to the Request. On March 25, 2019 the Hearing Panel filed an order with an April 1, 2019 deadline for production of documents. On Friday, March 29, 2019 Disciplinary Counsel filed a Witness list and parties Consolidated List of Exhibits. On Monday, April 1, 2019 Respondent filed a Witness List and Certificate of Service. On May 2, the merits hearing was held. The Hearing Panel issued a Post Hearing Scheduling Order on May 7th, 2019. On June 17th Disciplinary Counsel filed a Proposed Findings of Fact and recommendations. On the same day, the respondent filed Findings of Fact and Memorandum with Proposed Conclusions of Law. On July 18, 2019, the Hearing Panel issued a decision with a twelve-month suspension beginning on the decision date due to Respondent’s dishonesty in connection with the notarized filing of various affidavits, for not disclosing information in the course of a court proceeding and for not keeping his client informed. On July 23rd, 2019 Respondent filed a motion to Allow for an Orderly Winding Down of Practice. On July 25, the Hearing Panel issued an order regarding the Respondent’s request.

 

Documentation: