THE STATE OF SOUTH CAROLINA
In The Supreme Court
In the Matter of
Kenneth L. Mitchum,
Opinion No. 24867
William E. Jenkinson, III, of Kingstree, for
Henry B. Richardson, 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 pled guilty to two counts of failure to file a
quarterly withholding tax return in violation of S.C. Code Ann. § 12-54-
40(b)(6)(c) (Supp. 1997). The failure to file a tax return is a serious crime
as set forth 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 October 12, 1998,
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.