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Davis Adv. Sh. No. 30
S.E. 2d
In The Supreme Court
In the Matter of Charles
Edward Feeley, Respondent.
Opinion No. 24706
Submitted October 13, 1997 - Filed October 27, 1997
DEFINITE SUSPENSION
Charles Edward Feeley, of Summerville, pro se.
Attorney General Charles Molony Condon and
Senior Assistant Attorney General James G. Bogle,
Jr., of Columbia, for the Office of the Disciplinary
Counsel.
PER CURIAM: In this attorney disciplinary matter,
respondent and Disciplinary Counsel have entered into an agreement
under Rule 21, RLDE, Rule 413, SCACR. In the agreement, respondent
admits misconduct and consents to be suspended from the practice of law
for ninety days, retroactive to the date of his interim suspension. We
accept the agreement.
Respondent entered into a plea agreement with the Attorney
General's Office whereby respondent agreed to plead guilty to one count of
failure to make and file a South Carolina Income Tax return in violation
of S.C. Code Ann. ยง 12-54-40(b)(6)(c) (Supp. 1996). In exchange for the
plea, three other indictments for failure to make and file a tax return
were dismissed. Respondent pled guilty pursuant to the plea agreement
and was sentenced to imprisonment for one year, suspended upon thirty
days public service and one years' probation.
The failure to file a tax return is a serious crime as set forth
p. 18
in Rule 2(z), RLDE, Rule 413, SCACR. By his conduct, respondent has
violated Rule 8.4 of the Rules of Professional Conduct, Rule 407, SCACR,
and Rule 7(a)(4), RLDE, by committing a serious crime that reflects
adversely upon his honesty, trustworthiness and fitness as a lawyer and
has violated Rule 7(a)(5) and (6), RLDE, by engaging in conduct tending to
bring the courts or legal profession into disrepute and violating the oath of
office he took upon admission to the practice of law in this State.
In our opinion, respondent's misconduct warrants a definite
suspension from the practice of law for ninety days. Accordingly,
respondent is suspended for ninety days, retroactive to June 26, 1997, the
date of his interim suspension. Within fifteen days of the date of this
opinion, respondent shall file an affidavit with the Clerk of Court showing
that he has complied with Rule 30, RLDE, Rule 413, SCACR.
DEFINITE SUSPENSION.
p. 19