Evelyn C. Taylor (2011)

December 9, 2009, when a representative of the Lebanon Police 2. The subject disciplinary proceeding was initiated bya referral dated

Lebanon, New Hampshire. proceeding, Ms. Taylor operated a law office at One Court Street, the New Hampshire Bar on June 3, 2008. At all times material to this 1. Evelyn C. Taylor, Esq., is a New Hampshire attorney who was admitted to

Stipulation are established by clear and convincing evidence: Stipulation as to the facts of this matter. Accordingly, the facts described below as set forth in the The Respondent and Disciplinary Counsel have stipulated, and the Committee accepts the I. FINDINGS OF FACT

Continuing Legal Education Board for 2010. Respondent for failure to file her certificate of compliance with the New Hampshire Minimum trust account compliance certificate for 2010. On April 12, 2011, the Court suspended the On February 22,2011, the Court suspended the Respondent for failure to file her annual Cronheim, Gerald A. Daley, Richard H. Darling, James R. Martin and Lawrence A. Vogelman. Toni M. Gray, Vice Chair, Susan R. Chollet, David N. Cole, Thomas P. Connair, Alan J. matter. Members present included: Margaret H. Nelson, Chair, Benette Pizzimenti, Vice Chair, On April 19, 2011, the Professional Conduct Committee deliberated the above captioned

Taylor, Evelyn C. advs. Attorney Discipline Office # 09-062

Alan 1. Cronheim Holly B. Fazzino, Admin. Coordinator Thomas P. Connair * non attorney member David N. Cole Susan R. Chollet* Lawrence A. Vogelman Toni M. Gray, * Vice Chair 603-224-5828 • Fax 228-9511 James R. Martin Benette Pizzimenti, Vice Chair Concord, New Hampshire 03301 Richard H. Darling* Margaret H. Nelson, Chair 4 Chenell Drive, Suite 102 Gerald A. Daley*

1. Factual findings set forth above are incorporated by reference.

establishes these violations by clear and convincing evidence: Stipulation, as to the Rules of Professional Conduct that were violated. The Stipulation The Respondent and Disciplinary Counsel have stipulated, and the Committee accepts the II. RULINGS OF LAW

Stipulation as to Facts, Violations, and Recommended Sanction at 1-2.

responsibly. treatment for her mental illness. She is managing her mental illness 8. Ms. Taylor now has a valid prescription for all medication and receives

She ordered the medication online from a foreign country. appointment with her doctor soon enough to obtain a valid prescription. medicate at the time of the incident because she could not get an 7. Ms. Taylor has a diagnosed mental illness and was attempting to self­

violates the good behavior condition of her suspended sentence. Until January 5, 2012, she will be subject to serving 60 days in jail if she House of Corrections, all suspended for one year upon good behavior. 6. For the Class A misdemeanors, Ms. Taylor was sentenced to 60 days in the

orders (Returns) are attached to the Stipulation as Exhibit D. misdemeanor charges of Possession of Prescription Drugs. The sentencing 5. On January 5, 2011, Ms. Taylor pleaded guilty to two class A

complaint and disposition are attached to the Stipulation as Exhibit C. to the charge of Driving While Intoxicated, a class B misdemeanor. The 4. On February 8, 2010, Ms. Taylor pleaded guilty in Lebanon District Court

Esq., attached to the Stipulation as Exhibits A and B. memorandum, submitted by her attorney in the matters, George Ostler, two police reports by the arresting officers and Ms. Taylor's sentencing Taylor's history and state of mind at the time of the arrest are set out in 3. The details of the arrest, charges and circumstances surrounding Ms.

Intoxicated and three counts of possession of controlled drugs. Police had arrested Ms. Taylor on November 25, 2009, for Driving While Department notified the Attorney Discipline Office that the Lebanon p. 3 Page 3 of5 Under the first prong of the analysis, Ms. Taylor violated her duty to maintain personal

whether they affect the baseline sanction. Id. determined, the Court then looks to the existence of any aggravating or mitigating factors and Douglas' Case, 155 N.H. 613, 621 (2007»; Standards § 3.0. After the baseline sanction is lawyer's misconduct; and (d) the existence of aggravating or mitigating factors." Id. (quoting (a) the duty violated; (b) the lawyer's mental state; (c) the potential or actual injury caused by the (2009). The Standards set forth a four part analysis for courts to consider in imposing sanctions: has not adopted the Standards it looks to them for guidance. Conner's Case, 158 N.H. 299, 303 Lawyer Sanctions (2005)("Standards") support the Committee's conclusion. Although the Court The Committee considered the American Bar Association's Standards for Imposing III. ANALYSIS

Stipulation as to Facts, Violations and Recommended Sanction at 2-3.

Prof. Conduct 8.4(a). evidence that Ms. Taylor's conduct, as described herein, violated N.H. R. 6. Having found the foregoing violation, there is clear and convincing

law for self-serving purposes. impaired demonstrates a lack of judgment and a willingness to disobey the normal channels to obtain prescription medication and drive while adversely on her fitness as a lawyer. The fact that she would circumvent 5. Ms. Taylor's poor judgment and resulting criminal conduct reflects

under the influence of drugs. safety and the safety of the community in which she operated her vehicle 4. By committing the aforesaid criminal acts, Ms. Taylor endangered her own

impaired by that prescription medication. for herself through proper and legal channels, and by driving while 3. Ms. Taylor breached said duty by failing to obtain prescription medication

on her fitness as a lawyer. 2. Ms. Taylor had a duty not to commit a criminal act that reflects adversely p. 4 Page 4 of5 contain the elements listed in Standard 5.11 and that seriously adversely reflects on the lawyer's fitness to practice. I 5.12: Suspension is generally appropriate when a lawyer knowingly engaged in criminal conduct which does not

this matter. Stipulation that Ms. Taylor will pay all costs associated with the investigation and prosecution of The Respondent and Disciplinary Counsel have stipulated, and the Committee accepts the V. COSTS

monitoring is recommended. See also Sup. Ct. R. 37(14)(f). Said affidavit shall address the status of Respondent's condition, and what further treatment or successful management of the medical issues from which Respondent is currently being treated. reinstatement, Respondent shall provide an affidavit from a qualified health care provider in the The Respondent is suspended from the practice of law for six months. As a condition of IV. SANCTION

aggravating factors has demonstrated a meaningful and sustained period of successful rehabilitation. There are no Ms. Taylor also suffers from chemical dependency and is under active treatment for same, and full and free disclosure to disciplinary counsel and a cooperative attitude toward the proceedings. had no prior misconduct. She lacked a dishonest or selfish motive, had personal problems, had The Committee considered several mitigating factors including the fact that Ms. Taylor the community at risk. herself through improper and illegal channels. Ms. Taylor's actions put herself and the safety of reflects adversely on her fitness to practice law because she obtained prescription medication for herself and others at risk. Under the third prong of the analysis, Ms. Taylor's criminal conduct public way while impaired. She knew or should have known that her driving while impaired put possession of unprescribed controlled drugs, and her knowing operation of a motor vehicle on a integrity. Standard 5.121• Under the second prong, Ms. Taylor's mental state was one of knowing p. 5 Page 5 of5

File Evelyn C. Taylor Jennifer B. Sargent, Disciplinary Counsel Distribution:

May Lt,2011

37(3)(c). appeal this decision to the New Hampshire Supreme Court. See also Supreme Court Rule Pursuant to Supreme Court Rille 37(A)(III)(d)(2)(D)(4)(A), the parties have the right to VII. RIGHT TO APPEAL

for violating N.H. R. Prof. Conduct 8.4(b): Fitness as a Lawyer, and 8.4(a): Misconduct. For the above reasons, the Committee issues a Six Month Suspension to Evelyn C. Taylor VI. CONCLUSION