These disciplinary matters are before the Court on the Report of the Review Panel of the State Disciplinary Board issued July 1, 1999 recommending that the Respondent, Dewey N. Hayes, Jr., be suspended from practicing law for a period of 18 months with certain conditions to be met prior to reinstatement for his admitted violations of Standard 65 D commingling of attorney’s personal funds with those held in a fiduciary capacity on behalf of clients and failure to properly maintain and administer attorney trust account of Bar Rule 4-102 d. Both the State Bar and Respondent filed exceptions to the recommendation of the Review Panel, with the State Bar asking that Respondent be disbarred and Respondent requesting a suspension of no more than five months with conditions for reinstatement. On July 27, 1999 the instant case was docketed in this Court.
In its report and recommendation, the Review Panel accepted and approved the findings of fact and conclusions of law set forth in the Report of the Special Master filed March 18, 1999. A brief review of the history of the proceedings in these matters reveals that the State Bar filed two separate Formal Complaints against Respondent alleging the constant misuse of his client trust accounts, primarily during an eight-month period beginning November 30, 1992 through July 30, 1993, and alleging Respondent’s unauthorized endorsement of a check and other violations arising out of Respondent’s alleged mismanagement of his trust accounts. After protracted proceedings in both disciplinary matters, the State Bar and Respondent each proffered motions for partial summary judgment and thereafter agreed to stipulate that Respondent would admit to a violation of Standard 65 D of Bar Rule 4-102 d on one or more occasions as alleged in Count IX of the Formal Complaint, as amended, in State Disciplinary Board Docket No. 2746. Following this stipulation, a hearing was held on September 25, 1997, during which the special master considered evidence in aggravation and mitigation of Respondent’s admitted violations of Standard 65 D in order to determine an appropriate discipline. Subsequently, the State Bar and Respondent filed a “Joint Request for Findings of Fact and Conclusions of Law; Joint Request for Merger of Disciplinary Recommendation” in State Disciplinary Board Docket No. 3060. As a result, the special master issued only one report encompassing both disciplinary proceedings No. 2746 and No. 3060.
