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In re Canney

Citation: 194 A.3d 267Docket: SUPREME COURT DOCKET NO. 17-174

Court: Supreme Court of Vermont; July 12, 2018; Vermont; State Supreme Court

Narrative Opinion Summary

John Canney, III, an attorney licensed in Vermont, was placed on interim suspension on May 30, 2017, after admitting to willfully filing false individual and corporate tax returns, violating 26 U.S.C. § 7206(1). The court found substantial evidence of his violation of the Vermont Rules of Professional Conduct, determining that he posed a significant risk of harm to the public. On July 2, 2018, Canney submitted an affidavit resigning from the Vermont Supreme Court bar, which met the requirements of Administrative Order 9, Rule 19(A)(1). Disciplinary Counsel provided a Statement of Additional Facts for Consideration regarding any future reinstatement, to which Canney did not object. His resignation was accepted, leading to his disbarment on consent effective May 30, 2017, coinciding with the date of his interim suspension.

Legal Issues Addressed

Consideration of Additional Facts in Reinstatement

Application: Statements of additional facts can be provided for consideration regarding any future reinstatement, and an attorney's failure to object may be noted.

Reasoning: Disciplinary Counsel provided a Statement of Additional Facts for Consideration regarding any future reinstatement, to which Canney did not object.

Interim Suspension of Attorneys

Application: An attorney can be placed on interim suspension when there is substantial evidence of conduct that poses a significant risk of harm to the public.

Reasoning: John Canney, III, an attorney licensed in Vermont, was placed on interim suspension on May 30, 2017, after admitting to willfully filing false individual and corporate tax returns, violating 26 U.S.C. § 7206(1). The court found substantial evidence of his violation of the Vermont Rules of Professional Conduct, determining that he posed a significant risk of harm to the public.

Resignation from Bar and Disbarment on Consent

Application: An attorney's resignation from the bar is accepted when it meets specific administrative requirements, and disbarment on consent can be effective from the date of interim suspension.

Reasoning: On July 2, 2018, Canney submitted an affidavit resigning from the Vermont Supreme Court bar, which met the requirements of Administrative Order 9, Rule 19(A)(1). His resignation was accepted, leading to his disbarment on consent effective May 30, 2017, coinciding with the date of his interim suspension.