Board of Overseers of the Bar v. Donald L. Wharton, II

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Docket No.: BAR-15-6

Issued by: Maine Supreme Judicial Court

Date: September 30, 2015

Respondent: Donald L. Wharton, II

Bar Number: 003872

Order: Suspension

Disposition/Conduct: Reciprocal Suspension


This matter was initiated based upon the State of Connecticut's Statewide Grievance Committee's January 15, 2015 referral to Maine Bar Counsel of the "Amended Order" of December 8, 2014 in the Connecticut Superior Court matter of Disciplinary Counsel vs. Donald Wharton, II (DBD-CV 14-6016005).

Donald L. Wharton, II was admitted to the Maine Bar in 1988 but has practiced in Connecticut and remains registered in the State of Maine on an active nonresident basis.

The 2014 Connecticut Order references imposition of Wharton's interim suspension from practice in Connecticut, effective on December 8, 2014 until further order of the court, and the appointment of a Trustee to inventory his client files, secure his clients' fund account, take and review office mail, and to take such action as seems indicated to protect the interest of his clients, and provide a report and accounting to the court.

On May 19, 2015 the Board of Overseers of the Bar filed a Petition For Reciprocal Discipline under former M. Bar R. 7.3(h), based upon the Connecticut Order of Interim Suspension. On June 3, 2015, this Court ordered that Mr. Wharton inform it in writing of any claim by him that imposition of identical discipline by this Court would be unwarranted and the reasons therefore within 30 days of service of this Court's order upon him.

Bar Counsel has now provided this Court with copies of U.S. Postal Service electronic records that establish service of this Court's order of June 3, 2015 upon Mr. Wharton by certified mail, return receipt requested, on July 3, 2015. Mr. Wharton has failed to respond to this Court's order within the 30 days allotted to him by the order of June 3, 2015.

Accordingly, pursuant to M. Bar R. 26(e), it is hereby ordered that Donald L. Wharton, II is hereby suspended from the practice of law in the State of Maine for an indefinite period of time, effective immediately. In the event that Mr. Wharton is reinstated by the State of Connecticut, he may petition this Court for reinstatement pursuant to M. Bar R. 29(j).

DATED: September 30, 2015

Joseph M. Jabar
Associate Justice
Maine Supreme Judicial Court