Disciplinary Actions from the Most Recent Journal

Disbarments

William Eugene Butner of Hickory was disbarred by the DHC. Butner was convicted by a federal jury of one count of committing an offense against the United States and one count of concealment of assets in a bankruptcy proceeding. The disbarment was effective May 5, 2003, the effective date of Butner's interim suspension.

Suzanna Garza of Charlotte was disbarred by the DHC. Garza lied to the court, misappropriated entrusted funds, altered a driving record by deleting a DWI conviction, and provided the altered driving record to an assistant district attorney to support a proposed plea agreement.

Benita W. Gibbs of Cary surrendered her law license and was disbarred by the State Bar Council. Gibbs misappropriated entrusted funds.

Demetrius G. Rainer of Charlotte was disbarred by the Wake County Superior Court. Rainer pled guilty to four federal counts of loan, wire, bank, and mail fraud and money laundering.

Durham lawyer David Curtis Smith surrendered his law license and was disbarred by the State Bar Council. Smith misappropriated entrusted funds.

The Wake County Superior Court disbarred Charlotte lawyer Troy Anthony Smith. Smith pled guilty to four federal counts of loan, wire, bank, and mail fraud, and money laundering.

Victoria L. Sprouse of Charlotte surrendered her law license and was disbarred by the State Bar Council. Sprouse was convicted in federal court of multiple felony counts of mail, wire, and bank fraud, conspiracy, and money laundering.

Suspensions & Stayed Suspensions

The DHC suspended Robert Brown Jr. of Durham for five years for sexually harassing several employees when he was Durham County Public Defender. After serving three years of active suspension, Brown may petition to have the remaining two years stayed upon compliance with numerous conditions.

Jamestown lawyer Bonnie Lee C. O'Neal was suspended for one year by the DHC. The suspension is stayed for three years on numerous conditions. O'Neal neglected and failed to communicate with multiple clients.

Kenyann B. Stanford of Raleigh was suspended for five years. Stanford misappropriated money from and lied to her law partners.

Censures

The Grievance Committee censured Larry G. Hoyle of Gastonia for having ex parte communications with a judge in an effort to obtain an amended order, failing to act with diligence in seeking the amendment, failing to inform current opposing counsel of his efforts to get the order amended, and falsely reporting to the judge that former opposing counsel consented to the amendment.

Michael J. Parker of Mocksville was censured by the Grievance Committee for misconduct in connection with his own purchase of real property. Parker improperly prepared documents, misrepresented to the closing lawyer that those documents protected the lender's interests, and improperly distributed a portion of the closing proceeds directly to the seller of the property.

Reprimands

Max Ballinger of Greensboro was reprimanded by the DHC. Ballinger obstructed the entry of a consent judgment after the parties had settled a case.

The Grievance Committee reprimanded Lexington lawyer James C. Cunningham for filing a civil action against a former client before the Bar's fee dispute resolution process was completed, charging excessive fees, and charging for time spent obtaining the court's permission to withdraw from the client's case.

The Grievance Committee reprimanded Michael A. DeMayo of Charlotte for violations in direct mail solicitations, including utilizing a larger font for his letterhead than for the disclaimer "THIS IS AN ADVERTISEMENT FOR LEGAL SERVICES" and improperly suggesting that the lawyers employed in his office were "specialists."

Charlotte lawyer Paul Hemphill was reprimanded by the Grievance Committee for failing to pursue two clients' cases, failing to communicate with those clients about the status of their cases and about a settlement offer, withdrawing from the representation without notice to the clients or the court, and failing to respond to the State Bar.

Rachel Lee Hunter of Cary was reprimanded by the DHC for referring to herself as "Madame Justice" on her campaign website after the Grievance Committee issued a Letter of Warning telling her that the reference was misleading and a Rule violation.

Kathryn M. Kelling of Charlotte was reprimanded by the Grievance Committee for failing to hold a deed in trust and failing to comply with her fiduciary duties as escrow agent.

High Point lawyer Stephen F. Wallace was reprimanded by the Grievance Committee for filing an amended complaint to circumvent a court order granting summary judgment and for attempting to settle the case with a pro se defendant who did not understand that he had no legal obligation to Wallace's client after the case was dismissed.

Petitions for Reinstatement

David Harless of West Virginia has petitioned the DHC to be reinstated from disability inactive status. The hearing is scheduled for July 17, 2009.

Disability Inactive Status

Christopher Todd Rhodes of Winston-Salem, and Chapel Hill lawyer Orrin R. Robbins, were transferred to disability inactive status by the chairman of the Grievance Committee.