Find Legal Information

Davis Adv. Sh. No. 1
S.E. 2d

THE STATE OF SOUTH CAROLINA

In The Supreme Court

In the Matter of

Charles H. Chiles, Respondent.

Opinion No. 24730

Heard December 3, 1997 - Filed December 29, 1997

DEFINITE SUSPENSION

Comings B. Gibbs, Jr., of Gibbs & Holmes, of Charleston, for

respondent.

Attorney General Charles Molony Condon and Assistant

Deputy Attorney General J. Emory Smith, Jr. both of

Columbia, for complainant.

Per Curiam: This is an attorney grievance proceeding arising

out of respondent's guilty plea to a charge of official misconduct in office, a

violation of S.C. Code Ann. § 8-1-80 (Supp. 1996). While a municipal

judge, respondent improperly caused a Driving Under the Influence charge

and a Driving Under Suspension charge to be dismissed. We have already

imposed a public reprimand in the judicial misconduct proceeding based on

this same conviction, finding respondent "exercised undue influence on the

arresting officer, without consideration of the merits of the case. . . ." In

the Matter of Chiles, __ S.C.__ 490 S.E.2d 259, 260 (1997). We now

impose a seven month suspension from the practice of law, retroactive to

respondent's interim suspension which began February 6, 1997.

Respondent's misconduct violated Rules 8(b)-(e) of the Rules of

Professional Conduct, Rule 407, SCACR, by committing a criminal act

which reflects adversely on his honesty, trustworthiness or fitness as a

lawyer, and by engaging in conduct involving moral turpitude, dishonesty,

fraud, deceit, and misrepresentation, and by engaging in conduct

prejudicial to the administration of justice. Although the Commission

recommended a four month suspension, we find that a seven month

suspension is the appropriate sanction in this matter. Rule 27(e)(2), of

p. 35

Rule 413, SCACR. Accordingly, we impose this sanction, retroactive to

February 6, 1997. Respondent shall, within fifteen days of the filing of

this opinion, file an updated affidavit showing that he remains in

compliance with Rule 30, of Rule 413, SCACR, and the prior order of this

Court dated February 6, 1997.

DEFINITE SUSPENSION.

C.J.

A.J.

A.J.

A.J.

A.J.

p. 36