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26643 - In the Matter of Clyde A. Eltzroth, Jr.

THE STATE OF SOUTH CAROLINA
In The Supreme Court


In the Matter of Clyde A. Eltzroth, Jr., Respondent.


Opinion No.  26643
Submitted April 3, 2009 - Filed April 27, 2009 


DEFINITE SUSPENSION


Lesley M. Coggiola, Disciplinary Counsel, and Barbara M. Seymour, Deputy Disciplinary Counsel, both of Columbia, for Office of Disciplinary Counsel.

John E. Parker, of Peters Murdaugh Parker Eltzroth & Derrick, PA, of Hampton, for respondent.   


PER CURIAM:   In this attorney disciplinary matter, respondent and the Office of Disciplinary Counsel (ODC) have entered into an Agreement for Discipline by Consent (Agreement) pursuant to Rule 21, RLDE, Rule 413, SCACR.  In the Agreement, respondent admits misconduct and consents to the issuance of an admonition, public reprimand, or definite suspension not to exceed ninety (90) days.    See Rule 7(b), RLDE, Rule 413, SCACR.  We accept the Agreement and definitely suspend respondent from the practice of law in this state for a ninety (90) day period.  The facts, as set forth in the Agreement, are as follows. 

FACTS

Respondent self-reported to ODC that he failed to file his state and federal income tax returns from 2000 to 2007.  Respondent represents that no criminal charges are pending or anticipated.  

LAW

Respondent admits that his misconduct constitutes grounds for discipline pursuant to Rule 7, RLDE, Rule 413, SCACR, specifically Rule 7(a)(1) (it shall be a ground for discipline for a lawyer to violate the Rules of Professional Conduct or any other rules of this jurisdiction regarding professional conduct of lawyers).  Further, he admits he has violated Rule 8.4(b) of the Rules of Professional Conduct, Rule 407, SCACR (it is professional misconduct for lawyer to commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects).        

CONCLUSION

We accept the Agreement for Discipline by Consent and definitely suspend respondent from the practice of law for a ninety (90) day period.  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.

TOAL, C.J., WALLER, PLEICONES, BEATTY and KITTREDGE, JJ., concur.