Michael E. Anderson (2007)

Hampshire, 03234. Hampshire, 03301. His current mailing address is 28 Martell Road, Chichester, New Mr. Anderson worked at the Runge Law Office, P.C., 141 Airport Road, Concord, New was admitted to practice on October 28, 1996. At all times material to this proceeding, 1. Mr. Anderson is an attorney licensed to practice law in New Hampshire. Mr. Anderson

Ie FINDINGS OF FACT

facts, by clear and convincing evidence, and supported by stipulations: The Professional Conduct Committee determined that the record supports the following

revised Stipulation as to Sanction on January 17,2007. James R. Martin was absent. On February 20,2007, the Committee again took up this matter, having received the

modify the Stipulation as to Sanction and to resubmit it for the Committee's consideration. accountability in the event of future criminal proceedings. The matter was tabled for counsel to the language in the Stipulation as to Sanction for the Committee to address issues of Anderson was also in attendance. After a period of questioning, Ms. McCafferty agreed to revise Attorney Discipline Office. Eugene Sullivan, III, Esquire, appeared for the Respondent. Mr. Oral Argument was heard. Landya B. McCafferty, Disciplinary Counsel, appeared for the

present. related documents. All members of the Committee, with the exception of Alan J. Cronheim, were Jointly Submitted Exhibits addressing the incidents leading up to the Notice of Charges and other Sanction dated October 16,2006. In addition, each member of the Committee reviewed the Stipulation as to facts and the rules violated dated September 11, 2006, and the Stipulation as to referenced matter. The Committee reviewed the Notice of Charges dated August 3, 2006, the On January 16,2007, the Professional Conduct Committee considered the above

Anderson, Michael E. advs. Attorney Discipline Office # 06-020

Alan J. Cronheim Holly B. Fazzino, Admin. Coordinator Thomas P. Connair * non attorney member David N. Cole David N. Page* Ellen L. Arnold James R. Martin Toni M. Gray,* Vice Chair 603-224-5828 • Fax 228-9511 Gretchen Rule Hamel Benette Pizzimenti, Vice Chair Concord, New Hampshire 03301 Richard H. Darling* Margaret H. Nelson, Chair 4 Park Street, Suite 304 Gerald A. Daley*

p. 2 10. On April 11, 2006, Mr. Anderson was convicted in Concord District Court of the bail order that same date. or Breach of Bail Conditions for having had contact with Ms. Murphy in violation of his 9. Later that day on February 10,2006, Mr. Anderson was arrested on a charge of Default Thereafter, Mr. Anderson took a taxicab to the home where he and Ms. Murphy resided. Murphy at 4:29 a.m., 4:30 a.m., 4:31 a.m., 4:35 a.m., 4:47 a.m., 4:59 a.m., and 5:00 a.m. 8. On February 10,2006, Mr. Anderson attempted to make telephone contact with Ms. yards of Ms. Murphy. Ms. Murphy for 96 hours by mail, telephone or otherwise, and that he not go within 100 $500.00 personal recognizance bail on condition that, inter alia, he have no contact with 7. On February 10,2006, at 3:00 a.m., Mr. Anderson was released on those charges on while Intoxicated. Endangering the Welfare of a Child, Aggravated Driving while Intoxicated, and Driving charged with five misdemeanors: Obstructing Report of Crime or Injury, Simple Assault, 6. On February 10,2006, at approximately 3:00 a.m., Mr. Anderson was arrested and $1,200.00 personal recognizance bail. charged with one count of Driving While Intoxicated. Mr. Anderson was released on 5. On January 19,2006, at approximately 10:43 a.m., Mr. Anderson was arrested and • Successful completion of domestic violence counseling.

• $1,200.00 fme, all suspended on condition of good behavior for one year;

4. On that charge, Mr. Anderson received the following sentence:

Misdemeanor. police during a domestic disturbance, the aforesaid offence [sic] constituting a removing the phone away from Patricia Murphy while she attempted to call the knowingly commit the crime of obstructing the report of a crime or injury by 2004, at 12:00 p.m., Mr. Anderson did number of the case is 04-CR-07936. The body of the complaint states that, on August 14, count of Obstructing Report of Crime or Injury, a Class B Misdemeanor. The docket

3. On November 24,2004, Mr. Anderson was convicted in Concord District Court of one and their 5 children. 2. At all relevant times, Mr. Anderson resided with his long-time partner, Patricia Murphy, terms: p. 3 12. Mr. Anderson's sentence on the Aprilll, 2006, convictions included the following charges. Assault, Aggravated Driving while Intoxicated, and Endangering the Welfare of a Child 11. Pursuant to the terms of a negotiated plea agreement, the State dropped the Simple the conditions of his bail. returned to 28 Martel Rd. and had contact with Patricia Murphy violating with Patricia Murphy for 96 hours, the said Michael Anderson knowingly a State or Local crime and be of good behavior and to have no contact Kimberly Frederickson on 2/10/2006 on t.~e conditions that he not co!P.mit having been released on $500 personal recognizance bail conditions by

Alleging that, on February 10, 2006, at 8:40 a.m., Mr. Anderson,

Default or Breach of Bail Conditions

Michael Anderson was under the influence of an intoxicating liquor way, to-wit, Martel Rd. in the said town of Chichester, N.H. while the said drive a 1997 Chevy Cavalier being N.H. registration 197880 upon a public

Alleging that, on February 9, 2006, at 1:30 a.m., Mr. Anderson did

Driving while Intoxicated

crime of endangering the welfare of a minor pursuant [sic] from her hand while Patricia was attempting to call the police to report the a rail on an outside deck at the residence, and attempted to take the phone that he purposely used physical force, by pinning Patricia Murphy against commit the crime of attempted obstructing report of a crime or injury in

Alleging that on February 9, 2006, at 9:35 p.m., Mr. Anderson did

Obstructing Report of Crime or Injury

intoxicating liquor. a way in the State of New Hampshire, while under the influence of Registration number 1978807 upon Main Street in the Town of Pittsfield, drive a gold colored four door Chevrolet Cavalier bearing New Hampshire

Alleging that, on January 19,2006, at 10:43 p.m., Mr. Anderson did

Driving while Intoxicated intoxication. He later admitted drinking. p. 4 defendant blew .187 on a PBT test which represents over twice the legallimit for Rule #10, 12G: Failure to abstain from the use of alcohol. On June 15, 2006, the follows: of Probation alleging that Mr. Anderson had violated certain rules of his probation as

16. On that same date, Mr. Anderson's probation officer, James J. Sullivan, filed a Violation constitute"serious crimes" under Rule 37(9)(b). Default or Breach of Bail Conditions and Obstructing Report of Crime or Injury 15. In its June 20 Order, the Court also expressly held that Mr. Anderson's convictions for ADO for additional evidence of his compliance. showing l-..is complia..'1ce with these conditions and comply with any request made by the counselor's recommended treatment plan, submit evidence to the ADO on a regular basis drug counseling with a certified alcohol and drug abuse counselor, comply with such suspension on the condition that Mr. Anderson meaningfully participate in alcohol and/or interim basis pending fmal disposition of disciplinary proceedings, but stayed the 14. On Ju.l1e 20, 2006, t..he Court suspended Mr. Anderson from the practice of law on an him pending final disposition of the disciplinary proceedings. drugs. He requested that, in the exercise of its discretion, the Court decline to suspend was on probation for one year, and that he was being randomly tested for alcohol and his response, Mr. Anderson stated that he was receiving treatment for alcoholism, that he recommended that the suspension be stayed if Mr. Anderson met certain conditions. In the disciplinary hearing. The ADO requested that Mr. Anderson be suspended, but whether it believed that Mr. Anderson should be suspended pending final disposition of to commence disciplinary proceedings against Mr. Anderson, and to advise the Court The Court also directed the Attorney Discipline Office (hereinafter referred to as"ADO") cause why he should not be suspended pending disposition of a disciplinary proceeding. 13. On April 25, 2006, the New Hampshire Supreme Court ordered Mr. Anderson to show

• 1 year of probation sentencing order; and on Mr. Anderson's good behavior and compliance with the terms of his • 6 months in the House of Corrections, all 6 months suspended for 2 years p. 5 Conditions. Obstructing Report of Crime or Injury and one count of Default or Breach of Bail

20. As described in more detail above, Mr. Anderson has been convicted of two counts of

clear and convincing evidence, and supported by a stipulation: The Committee found the following violations of the Rules of Professional Conduct by II. RULINGS OF LAW:

disciplinary proceeding. the immediate suspension of Mr. Anderson's law license pending final disposition of this New Hampshire Supreme Court lifted the stay of Mr. Anderson's suspension, resulting in 19. Upon learning of the alleged probation violation, and by Order dated July 7, 2006, the hearing on the probation violation is currently scheduled for September 14, 2006. conceded to his probation officer, Mr. Sullivan, that the charges are true. Mr. Anderson's 18. While there has been no finding of"true" on the probation violation, Mr. Anderson has obtain an appointment. a batterer's evaluation and follow any recommended treatment. He has yet to Rule #12C: Due to the nature of the offense, the defendant was required to obtain

defendant readily admitted drinking. Prior to that he had four months sobriety. In a telephone conversation on June 16 and in a personal interview on June 19, the intoxication. One of the responding officers noted he initially lied about drinking. PBT test that registered a .187. This is over two times the legal limit for placed on probation. He was peaceful and cooperative with police, submitting to a drinking. Alcohol was involved in the offense/incident that caused him to be On June 15,2006, police were called to his residence because the defendant was

when signing the rules of probation. such, he was required to refrain totally from the use of alcohol .... He did so The defendant is an acknowledged alcoholic and the offense is alcohol related. As

17. Mr. Sullivan's Supporting Summary for Violation of Probation Report states: despite being required to do so. has failed to obtain an evaluation or appointment for an evaluation Rule #12C: Failure to obtain a batterer's evaluation. Defendant suspension, (a) he has complied with the terms of his probation in the matter of State v. p. 6 must provide Disciplinary Counsel with satisfactory proof that, during the period of his 27. Prior to Mr. Anderson's reinstatement to the practice oflaw, Mr. Anderson agrees that he months. The Committee orders that Mr. Anderson be suspended from the practice oflaw for six IV. STIPULATION AS TO SANCTION:

Committee in the investigation and prosecution of this matter. Mr. Anderson agrees to pay the expenses incurred by the Professional Conduct

of a violation of N.H. R. Prof. Conduct 8.4(a). 26. Because of the Rule 8.4(b) violation, there is necessarily clear and convincing evidence

violation ofN.H. R. Prof. Conduct 8.4(b). 25. Mr. Anderson's conduct in this regard constitutes clear and convincing evidence a his indifference to the law. 24. Mr. Anderson's other violations of the law and court orders as set forth herein also reflect trustworthiness and fitness as a lawyer. See Rille 37(9)(b). the administration of justice, and thereby reflect adversely on Mr. Anderson's Breach of Bail Conditions involve a failure to abide by court orders and interference with 23. Mr. Anderson's convictions for Obstructing Report of Crime or Injury and Default or commit a "serious crime." misappropriation, theft, or an attempt or a conspiracy or solicitation of another to false swearing, misrepresentation, fraud, deceit, bribery, extortion, definition of such crime, involves interference with the administration of justice, necessary element of which, as determined by the statutory or common law The term"serious crime" shall include any felony and any lesser crime a 22. Rille 37(9)(b) provides: 'serious crimes' under Rule 37(9)(b) ...." breach of bail conditions and obstructing the report of a crime or injury constitute 21. By Order dated June 20, 2006, the Supreme Court held that"[t]he offenses of default or p. 7 File Eugene Sullivan, III, Esquire Landya B. McCafferty, Disciplinary Counsel Distribution:

March 15, 2007 Margaret'. Nelson. l~~~WruU{ ~~. 112 '"~ r 1·· \) /

Court as to application for reinstatement to the practice of law. At the conclusion of his suspension, Mr. Anderson shall comply with all Rules of the Supreme Professional Conduct cited above. This order shall take effect as of the 16 day of March, 2007. th Anderson from the practice of law for a period of six months for the violations of the Rules of For all of the above reasons, The Professional Conduct Committee suspends Michael E.

before resuming the practice of law. alcoholism and desires a continued suspension in order to focus on his rehabilitation serious and justifies a significant sanction. In addition, Mr. Anderson suffers from 29. While Mr. Anderson has no prior disciplinary history, he concedes that his misconduct is further conditions precedent to Mr. Anderson's reinstatement. to the immediate attention of the Professional Conduct Committee for the imposition of attributable to alcohol abuse, Disciplinary Counsel has the authority to bring this matter personal interaction with the criminal justice system, or has engaged in misconduct term of his suspension, Mr. Anderson has violated a term of probation, has had further 28. Mr. Anderson further agrees that, in the event Disciplinary Counsel learns that, during the by Mr. Anderson prior to Mr. Anderson's reinstatement to the practice oflaw. the Professional Conduct Committee for further orders and conditions which must be met Mr. Anderson agrees that Disciplinary Counsel may bring the matter to the attention of compliance with the provisions (a), (b), and (c) above by clear and convincing evidence, participated in treatment for alcoholism. In the event that Mr. Anderson is unable to show further personal interactions with the criminal justice system, and (c) he has successfully Michael Anderson, (docket numbers 06-CR-I005-661C and 663C), (b) he has had no p. 7 p. 8 File Sherri Kluesener, Supreme Court NH Bar Association xS Attorney General Dawnangela Minton, Esquire Mr. Michael Anderson Eugene F. Sullivan, III, Esquire Landya B. McCafferty, Esquire James L. DeHart, Esquire Distribution:

Broderick, C.J., and Dalianis, Duggan and Hicks, JJ., concurred.

is granted. Michael E. Anderson's motion for reinstatement to the New Hampshire bar

order: Anderson, the court on February 10,2009, issued the following In Case No. LD-2006-0003, In the Matter of Michae1 E.