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Office of Disciplinary Counsel v. Bonavita

IN THE SUPREME COURT OF PENNSYLVANIA


January 27, 2009

OFFICE OF DISCIPLINARY COUNSEL, PETITIONER
v.
THOMAS JAMES BONAVITA, RESPONDENT

No. 184 DB 2007.

Per curiam.

Attorney Registration No. 34239

(Warren County)

ORDER

AND NOW, this 27th day of January, 2009, upon consideration of the Recommendation of the Three-Member Panel of the Disciplinary Board dated October 3, 2008, the Joint Petition in Support of Discipline on Consent is hereby granted pursuant to Rule 215(g), Pa.R.D.E., and it is

ORDERED that Thomas James Bonavita is suspended on consent from the Bar of this Commonwealth for a period of two years, the suspension is stayed in its entirety and he is placed on probation for a period of two years, subject to the following conditions:

1. Respondent shall abstain from using alcohol or any other mind-altering chemical;

2. Respondent shall regularly attend Alcoholics Anonymous meetings on a weekly basis;

3. Respondent shall obtain a sponsor in Alcoholics Anonymous and maintain weekly contact with that sponsor;

4. Respondent shall abide by the terms and conditions of Judge Morgan's Sentencing Order dated December 14, 2007, as to Criminal Action No. 2007-106;

5. A sobriety monitor shall be appointed to monitor Respondent in accordance with Disciplinary Board Rule §89.293(c);

6. Respondent shall furnish his sobriety monitor with his Alcoholics Anonymous sponsor's name, address and telephone number;

7. Respondent shall establish his weekly attendance at Alcoholics Anonymous meetings by providing written verification to the Board on a Board-approved form;

8. Respondent shall undergo any counseling, out-patient or in-patient treatment, prescribed by a physician or alcohol counselor;

9. Respondent shall file with the Secretary of the Board quarterly written reports;

10. With the sobriety monitor, Respondent shall:

a) meet at least twice a month;

b) maintain weekly telephone contact;

c) provide the necessary properly executed written authorizations to verify his compliance with the required substance abuse treatment; and

d) cooperate fully.

11. The appointed sobriety monitor shall:

a) monitor Respondent's compliance with the terms and conditions of the order imposing probation;

b) assist Respondent in arranging any necessary professional or substance abuse treatment;

c) meet with Respondent at least twice a month and maintain weekly telephone contact with Respondent;

d) maintain direct monthly contact with the Alcoholics Anonymous chapter attended by the Respondent;

e) file with the Secretary of the Board quarterly written reports; and

f) immediately report to the Secretary of the Board any violations by the Respondent of the terms and conditions of the probation.

IT IS FURTHER ORDERED that the stayed suspension and two-year period of probation shall take effect upon the issuance of an Order of this Court granting Respondent's reinstatement to the practice of law at No. 973 Disciplinary Docket No. 3.

20090127

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