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24996 - In the Matter of Juliette Brown Mims - withdrawn and substituted opinion.

Shearouse Adv. Sh. No. 28
S.E. 2d

THE STATE OF SOUTH CAROLINA

In The Supreme Court

In the Matter of Juliette

Brown Mims,

Respondent.

Opinion No. 24996

Submitted August 10, 1999 - Filed August 23, 1999

DEFINITE SUSPENSION

Juliette Brown Mims, of Greenville, pro se.

Henry B. Richardson, Jr., and 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 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. We

accept the agreement.







Respondent pled guilty to one count of failing to make and file a

South Carolina Income Tax Return for tax year 1992 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 her

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 her 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

p.52


In the Matter of Juliette Brown Mims





violating the oath of office she 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 her

interim suspension. Within fifteen days of the date of this opinion,

respondent shall file an affidavit with the Clerk of Court showing that she

has complied with Rule 30, RLDE, Rule 413, SCACR.





DEFINITE SUSPENSION.

p.53