VIRGINIA:


BEFORE THE THIRD DISTRICT SUBCOMMITTEE

OF THE VIRGINIA STATE BAR


IN THE MATTER OF )

ALAN GORDON WARNER ) VSB Docket No. 02-033-0093


SUBCOMMITTEE DETERMINATION

(PUBLIC REPRIMAND WITH TERMS)

 

On November 7, 2001, a duly convened subcommittee of the Third District Committee, Section III, consisting of Cynthia S. Cecil, Andrew J. Gibb and Edwin A. Bischoff, presiding, met to consider a proposed agreed disposition in the above-styled matter.

After due consideration and deliberation, pursuant to Part 6, Section IV, Paragraph 13(B)(5)(c)(ii)(b) of the Rules of the Supreme Court, the subcommittee accepts the agreed disposition and hereby serves upon Alan Gordon Warner the following Public Reprimand with Terms:

I. FINDINGS OF FACT

II. Disciplinary Rule Violation

The subcommittee finds that the above findings of fact give rise to a violation of the

following disciplinary rule:

DR 1-102. Misconduct.

(A) A lawyer shall not:

* * *

(4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation which reflects adversely on a lawyer's fitness to practice law.

III. Public Reprimand with Terms

Accordingly, it is subcommittee's decision to accept the agreed disposition and to impose upon Alan Gordon Warner a Public Reprimand with Terms as representing an appropriate sanction if this matter were heard through an evidentiary hearing by a panel of the Third District Committee, Section III. The terms and conditions, compliance with which is a predicate for this agreed disposition, shall be met by December 31, 2001: Mr. Warner shall certify to Bar Counsel in writing no later than December 31, 2001, that he has reimbursed Jeanette C. Gleason for travel expenses in the amount of $728.41.

Upon satisfactory proof that all terms and conditions have been met, this matter shall be closed. Respondent's failure to comply with any one or more of the foregoing agreed terms or conditions will result in the imposition of the alternative sanction of a six month suspension. The imposition of the alternative sanction shall not require any hearing on the underlying charges of misconduct, if the Virginia State Bar discovers that respondent has failed to comply with any of the agreed terms or conditions. Instead, the Virginia State Bar shall issue and serve upon the respondent a Notice of Hearing to Show Cause why the alternative sanction should not be imposed. The sole factual issue will be whether the respondent has violated any one or more of the terms or conditions of this agreed disposition without legal justification or excuse.

 

THIRD DISTRICT SUBCOMMITTEE

OF THE VIRGINIA STATE BAR


By______________________________

Edwin A. Bischoff, Chair


Certificate of Service

I certify that I have this ____ day of November 2001, mailed by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true, correct and executed copy of the Subcommittee Determination (Public Reprimand with Terms) to Alan Gordon Warner, 2175 Hauhikoa Road, Haiku, Hawaii 96708-5871, his last address of record with the Virginia State Bar.


________________________________