JUDGMENT AND ORDER
This matter having come on for hearing before the Disciplinary Commission of the Supreme Court of Arizona, it having duly rendered its decision, there having been no discretionary review and sua sponte review having been declined by the Court,
IT IS ORDERED, ADJUDGED AND DECREED that SCOTT W. SCHLIEVERT, a member of the State Bar of Arizona, is hereby suspended from the practice of law for a period of six-months and one-day, effective thirty (30) days from the date of this order, for conduct in violation of his duties and obligations as a lawyer, as disclosed in the Disciplinary Commission Report.
IT IS FURTHER ORDERED that SCOTT W. SCHLIEVERT shall be placed on probation for a period of two years upon reinstatement and effective upon the signing of the probation contract. Bar Counsel shall notify the Disciplinary Clerk of the date on which the probation begins. The terms of probation are as follows:
1) Within 30 days upon reinstatement, Respondent shall contact the director of Law Office Management Assistance Program (LOMAP) and schedule a LOMAP audit. The LOMAP director or designee shall conduct the audit within 60 days thereafter. The director of LOMAP shall develop a probation contract effective for two years from the date the contract is signed, and Respondent shall comply with all recommendations of the LOMAP director or designee.
2) Respondent shall contact the Member Assistance Program (MAP) director within 30 days upon reinstatement and submit to a MAP assessment. Respondent thereafter shall enter into a MAP contract based on recommendations made by the MAP director or designee.
3) Respondent shall abide by the Rules of Professional Conduct and the Trust Account Guidelines.
4) Respondent shall pay all costs incurred in these disciplinary proceedings, including costs associated with LOMAP and MAP.
5) In the event that Respondent fails to comply with any of the foregoing conditions, and the State Bar receives information to that effect, bar counsel shall file with the Hearing Officer a Notice of Non-Compliance, pursuant to Rule 60(a)5, Ariz. R. Sup. Ct. The Hearing Officer shall conduct a hearing within thirty days after receipt of said notice, to determine whether the terms of probation have been violated and if an additional sanction should be imposed. In the event there is an allegation that any of these terms have been violated, the burden of proof shall be on the State Bar of Arizona to prove non-compliance by clear and convincing evidence.
IT IS FURTHER ORDERED that Respondent shall comply with all the provisions of Rule 72, Rules of the Supreme Court of Arizona, including, but not limited to, Rule 72(a), which requires that Respondent notify all of his clients, within ten (10) days from the date hereof, of his inability to represent them and that he should promptly inform this Court of his compliance with this Order as provided in Rule 72(e).
IT IS FURTHER ORDERED that Respondent shall comply with all rule provisions regarding reinstatement proceedings.
IT IS FURTHER ORDERED that pursuant to Rule 60(b), the State Bar of Arizona is granted judgment against SCOTT W. SCHLIEVERT for costs and expenses of these proceedings in the amount of $1,024.83, together with interest at the legal rate from the date of this judgment.