In re Duchow

I concur in the discipline imposed except for the period of actual suspension as to which I respectfully dissent.

In reality petitioner violated the duties of an attorney in two very serious ways. First, he in essence defrauded the United States government of over $10,000 and then he misappropriated the funds to his own use. This court has disbarred attorneys for less, and I do not believe a one-year actual suspension is adequate discipline even though there are some mitigating circumstances.

Petitioner’s application for a rehearing was denied February 25, 1988.

Donald C. Duchow, admitted to practice in 1960, pleaded guilty and was convicted on four counts of a federal information charging him with theft of public money ( 18 U.S.C. § 641 ). Counts 1 and 2 each charged him with “willfully and knowingly stealing], purloining], and converting]” to his own and another’s use funds belonging to the Social Security Administration. Counts 3 and 4 each charged him with the same conduct respecting funds belonging to the Veterans Administration. The federal court suspended imposition of sentence and placed him on probation under conditions requiring him to make full restitution.

We referred the matter to the State Bar for a hearing, report, and recommendation on the question whether the facts and circumstances surrounding the commission of the offenses involved moral turpitude or other misconduct warranting discipline and, if so found, what discipline should be imposed. The State Bar’s report has now been filed, the review department concluding that Duchow’s acts involved moral turpitude and recommending that he be suspended for three years, that the order of suspension be stayed, and that he be placed on probation for three years on…