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
Marvin R. Watson, of Greenwood, for respondent.
Senior Assistant Attorney General James G. Bogle,
Jr., of Columbia, for the Office of the Disciplinary
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. §12-54
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
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.
Moore, A.J., not participating