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.

 

Adams, Carolyn
Respondent’s Counsel:  n/a
Disciplinary Counsel: Sarah Katz
Docket Number: PRB Docket No. 2020-064
Status: ASSIGNED TO HEARING PANEL. On August 26, 2020 a Petition of Misconduct was filed re respondent Carolyn Adams. Hearing Panel 6 was assigned on August 27, 2020. Respondent submitted a request for filing extension rec’d on October 2, 2020.  On October 5, Disciplinary Counsel filed a letter of no objection to the panel with a request for a date clarification. The Hearing Panel filed a decision granting the extension. The Answer received on November 16, 2020 was replaced by a signed, corrected version on November 19th. On Monday, December 21, 2020, Disciplinary Counsel filed a letter on behalf of both parties requesting a 30-day extension on the submission of a scheduling order to allow respondent time to obtain counsel. The letter is in response to an email sent by Hearing Panel Counsel on December 8, 2020.

Documentation:

 

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:

 

Burke, John Downes
Respondent’s Counsel:  Self
Disciplinary Counsel: Daniel McCabe
Docket Number: PRB Docket No. 2020-040
Status: ASSIGNED TO HEARING PANEL. On October 15, 2020 a Petition of Misconduct was filed. Hearing Panel 10 (Welford, Lamson and Legacy) was assigned on October 16, 2020. On December 8, the Hearing Panel issued an Order to Show Cause scheduling a January 4, 2021 deadline for the Respondent’s written response to the petition. Disciplinary Counsel has until January 15, 2021, to file a memorandum in response.

Documentation:

 

Cobb, William W.
Respondent’s Counsel:  Brice Simon
Disciplinary Counsel: Sarah Katz
Docket Number: PRB Docket Nos. 2020-099, and -103
Status: ASSIGNED TO HEARING PANEL. On October 29, 2020 a Petition of Misconduct was filed. Hearing Panel 1 was assigned on November 6, 2020. Attorney Robert O’Neill will serve in place of Recused Panel Member Emily Tredeau. Counsel for Respondent filed an Answer on November 19, 2020. On December 22, 2020, Disciplinary Counsel filed a jointly proposed scheduling order. The Hearing Panel issued a signed scheduling order on January 2, 2021.

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:

 

Kulig, Paul S.
Respondent’s Counsel: Timothy L. Taylor, Esq.
Disciplinary Counsel: Samantha Lednicky
Docket Number: PRB Docket No. 2020-066
Status: ASSIGNED TO HEARING PANEL. On September 22, 2020 a Petition of Misconduct was filed. Hearing Panel was assigned on September 23, 2020. On September 10, Counsel for the respondent, Timothy L. Taylor filed an answer in response to the petition. On October 26, 2020, A notice of a telephonic Pre Hearing conference scheduled for November 17th, 2020, at 10:30 a.m. was sent to Parties and Hearing Panel. Special Disciplinary Counsel filed a Jointly Proposed Scheduling Order on behalf of both parties on November 24th, 2020. The Hearing Panel issues a scheduling order on December 7, 2020. On December 9, 2020, Counsel for the respondent files a supplemental witness list.

Documentation:

 

Legus, Carrie J.
Respondent’s Counsel:  Self
Disciplinary Counsel: Sarah Katz
Docket Number: PRB Docket No. 2020-102
Status: ASSIGNED TO HEARING PANEL. On September 9, 2020 a Petition of Misconduct was filed. Hearing Panel was assigned on September 15, 2020. Respondent is self-represented. Respondent filed an Answer on September 29, 2020. Notice for Pre-Hearing Conference was sent to the parties on November 3. The Hearing was held by telephone on December 1, 2020. On December 14, 2020, the Chair of the Hearing Panel issued a Scheduling Order. On December 31, 2020 Respondent files a Motion for Substitute Counsel. Disciplinary Counsel filed a response to the Motion for Substitute Counsel on January 12, 2021.

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. Disciplinary Counsel filed a Petition of Misconduct on August 5, 2020. On August 14th, 2020, Counsel for the Respondent filed a Motion for the Hearing Panel to Recuse itself from the case. Disciplinary Counsel responded to the motion on August 18, 2020. On August 25, 2020 Counsel for the Respondent filed a response to the Petition of Misconduct. On October 9, 2020 the Hearing Panel issues a decision to deny Respondent’s motion to recuse and to strike. On October 20, 2020, Counsel for the Respondent files an Unopposed Motion to Reconsider the Hearing Panel decision to deny Respondent’s motion to recuse and strike. On October 26, 2020, a notice of a telephonic Pre Hearing conference was sent to Parties and Hearing Panel. This meeting was rescheduled on October 30 to November 24 at 2 p.m. On December 14, 2020, Disciplinary Counsel and Respondent’s Counsel filed separate proposed scheduling orders. The Hearing Panel issued a ruling on December 17th on respondent’s request to reconsider the Hearing Panel October 9th decision denying the motion to recuse and strike. On January 8, 2021, the Hearing Panel Issued a scheduling order. On the same day, Counsel for the Respondent filed a Motion to Reconsider and Extend Scheduling Order. The Hearing Panel issued their order on Respondent’s Motion on January 14, 2021.

Documentation:

 

Robinson, Stuart Jay
Respondent’s Counsel:  Self
Special Disciplinary Counsel: Edward Adrian
Docket Number: PRB Docket No. 2020-007
Status: On December 11, 2020 a Petition of Misconduct was filed. Respondent’s Answer with a Motion to Dismiss was filed on December 30, 2020. Hearing Panel 6 was assigned on January 8, 2021. On January 12th, 2021 Special Disciplinary Counsel filed a Response to Respondent’s Motion to dismiss. On the same day, respondent filed additional documents to the Hearing Panel for their consideration. On January 19, 2021, Special Disciplinary Counsel filed a letter of disclosure.

Documentation:

 

Shader, Lance C.
Respondent’s Counsel:  Self
Disciplinary Counsel: Sarah Katz
Docket Number: PRB Docket No. 2020-101
Status: ASSIGNED TO HEARING PANEL. On November 10, 2020 a Stipulation of Facts and Jointly Proposed Conclusion of Law was filed. Hearing Panel 4 was assigned on November 12, 2020. On November 17, 2020 Disciplinary Counsel filed a request to withdraw the Jointly Proposed Conclusion of Law dated November 3, 2020 and submitted a corrected version on November 17, 2020. On December 4, 2020, Disciplinary Counsel filed a Memo of Law and Sanctions recommendation. The Hearing Panel issued a ruling on Parties Proposed Stipulation of Facts on January 8, 2021.

Documentation:

 

Tiballi, Jason R.
Respondent’s Counsel:  Self
Disciplinary Counsel: Sarah Katz
Docket Number: PRB Docket No. 2020-084
Status: ASSIGNED TO HEARING PANEL. On October 1, 2020 a Stipulation of Facts and Jointly Proposed Conclusions of Law was filed. Hearing Panel 9 was assigned on October 12, 2020. On October 22, 2020, Disciplinary Counsel filed a Sanctions Memorandum and Jointly Proposed Conclusion of Law. Respondent’s Sanctions Memorandum was filed the next day, October 23, 2020. On December 11, 2020 the Hearing Panel issued a ruling denying the stipulation. On December 17, 2020 the parties filed an Amended Stip and Jointly Proposed Conclusion of Law. On January 19, 2021, a Notice re a remote hearing scheduled on January 29, 2021 was sent to the Parties and Hearing Panel.

Documentation: