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Davis Adv. Sh. No. 1
S.E. 2d
THE STATE OF SOUTH CAROLINA
In The Supreme Court
In the Matter of
Charles H. Chiles, Respondent.
Opinion No. 24730
Heard December 3, 1997 - Filed December 29, 1997
DEFINITE SUSPENSION
Comings B. Gibbs, Jr., of Gibbs & Holmes, of Charleston, for
respondent.
Attorney General Charles Molony Condon and Assistant
Deputy Attorney General J. Emory Smith, Jr. both of
Columbia, for complainant.
Per Curiam: This is an attorney grievance proceeding arising
out of respondent's guilty plea to a charge of official misconduct in office, a
violation of S.C. Code Ann. ยง 8-1-80 (Supp. 1996). While a municipal
judge, respondent improperly caused a Driving Under the Influence charge
and a Driving Under Suspension charge to be dismissed. We have already
imposed a public reprimand in the judicial misconduct proceeding based on
this same conviction, finding respondent "exercised undue influence on the
arresting officer, without consideration of the merits of the case. . . ." In
the Matter of Chiles, __ S.C.__ 490 S.E.2d 259, 260 (1997). We now
impose a seven month suspension from the practice of law, retroactive to
respondent's interim suspension which began February 6, 1997.
Respondent's misconduct violated Rules 8(b)-(e) of the Rules of
Professional Conduct, Rule 407, SCACR, by committing a criminal act
which reflects adversely on his honesty, trustworthiness or fitness as a
lawyer, and by engaging in conduct involving moral turpitude, dishonesty,
fraud, deceit, and misrepresentation, and by engaging in conduct
prejudicial to the administration of justice. Although the Commission
recommended a four month suspension, we find that a seven month
suspension is the appropriate sanction in this matter. Rule 27(e)(2), of
p. 35
Rule 413, SCACR. Accordingly, we impose this sanction, retroactive to
February 6, 1997. Respondent shall, within fifteen days of the filing of
this opinion, file an updated affidavit showing that he remains in
compliance with Rule 30, of Rule 413, SCACR, and the prior order of this
Court dated February 6, 1997.
DEFINITE SUSPENSION.
C.J.
A.J.
A.J.
A.J.
A.J.
p. 36