Davis Adv. Sh. No. 30
S.E. 2d

In The Supreme Court

In the Matter of Charles

Edward Feeley, Respondent.

Opinion No. 24706

Submitted October 13, 1997 - Filed October 27, 1997

DEFINITE SUSPENSION

Charles Edward Feeley, of Summerville, pro se.

Attorney General Charles Molony Condon and

Senior Assistant Attorney General James G. Bogle,

Jr., of Columbia, for the Office of the Disciplinary

Counsel.

PER CURIAM: In this attorney disciplinary matter,

respondent and Disciplinary Counsel have entered into an agreement

under Rule 21, RLDE, Rule 413, SCACR. In the agreement, respondent

admits misconduct and consents to be suspended from the practice of law

for ninety days, retroactive to the date of his interim suspension. We

accept the agreement.

Respondent entered into a plea agreement with the Attorney

General's Office whereby respondent agreed to plead guilty to one count of

failure to make and file a South Carolina Income Tax return in violation

of S.C. Code Ann. § 12-54-40(b)(6)(c) (Supp. 1996). In exchange for the

plea, three other indictments for failure to make and file a tax return

were dismissed. Respondent pled guilty pursuant to the plea agreement

and was sentenced to imprisonment for one year, suspended upon thirty

days public service and one years' probation.

The failure to file a tax return is a serious crime as set forth

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in Rule 2(z), RLDE, Rule 413, SCACR. By his conduct, respondent has

violated Rule 8.4 of the Rules of Professional Conduct, Rule 407, SCACR,

and Rule 7(a)(4), RLDE, by committing a serious crime that reflects

adversely upon his honesty, trustworthiness and fitness as a lawyer and

has violated Rule 7(a)(5) and (6), RLDE, by engaging in conduct tending to

bring the courts or legal profession into disrepute and violating the oath of

office he took upon admission to the practice of law in this State.

In our opinion, respondent's misconduct warrants a definite

suspension from the practice of law for ninety days. Accordingly,

respondent is suspended for ninety days, retroactive to June 26, 1997, the

date of his interim suspension. Within fifteen days of the date of this

opinion, respondent shall file an affidavit with the Clerk of Court showing

that he has complied with Rule 30, RLDE, Rule 413, SCACR.

DEFINITE SUSPENSION.

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