In the Matter of Michael E. Withey, Esq., United States of America v. Frank Stearns Giese

ORDER

Michael E. Withey, an attorney practicing in Seattle, Washington, was cited to appear before this court on February 20, 1976, to show cause why he should not be penalized for his failure to prosecute the appeal of Giese. On that date Withey’s statement was taken in open court and duly considered. Determining his statement to be wholly inadequate, we announced his disbarment in open court on the hearing date.

Giese was indicted on February 28, 1974, and arraigned on March 4, 1974. His trial commenced on October 1,1974, and concluded on October 16, 1974. Sentencing occurred on November 21, 1974. Giese has been free on bond throughout the appellate process described below.

Withey, as counsel of record, filed Giese’s notice of appeal on November 27,1974. His opening brief was originally due on March 17, 1975. On January 21, 1975, Withey moved for an extension of time. On January 22, his motion was granted. On February 7, 1975, Withey made a second motion for extension of time, which was subsequently granted.

On February 28, 1975, Mr. H. Peter Young became associated with Mr. Withey as co-counsel of record in the Giese appeal. Thereafter, counsel made four more motions for…