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24978 - In the Matter of John C. Scurry, Jr.

Shearouse Adv. Sh. No. 25
S.E. 2d

THE STATE OF SOUTH CAROLINA

In The Supreme Court

In the Matter of John C.

Scurry, Jr., Respondent.

Opinion No. 24978

Submitted July 13, 1999 - Filed July 26, 1999

DEFINITE SUSPENSION

Marvin R. Watson, of Greenwood, for respondent.

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 pursuant to 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. We accept the agreement.





Respondent pled guilty to one count of willful failure to file a

South Carolina Income Tax Return in violation of S.C. Code Ann. ยง12-54

40(b)(6)(c) (Supp. 1998).





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

p.29


IN THE MATTER OF SCURRY





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 9, 1999, 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.





Moore, A.J., not participating

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