THE STATE OF SOUTH CAROLINA
In The Supreme Court
In the Matter of Kenneth L. Tootle
Opinion No. 24887
Submitted January 4, 1999 - Filed January 25, 1999
Kenneth L. Tootle, of Beaufort, pro se.
Attorney General Charles M. Condon and Senior
Assistant Attorney General James G. Bogle, Jr., both
of Columbia, for the Office of 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 one count of failure to make and file a
South Carolina Income Tax return in violation of S.C. Code Ann. §12-54-
40(b)(6)(c) (Supp. 1997). Respondent was sentenced to ninety days in prison,
suspended upon the payment of a $400.00 fine.
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 December 1, 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.