Summary of Opinion No. 24968 — In the Matter of William K. Charles, III

Factual and Procedural Background

This disciplinary opinion concerns William K. Charles, III (respondent). Respondent and Disciplinary Counsel entered into an agreement under Rule 21, RLDE, Rule 413, SCACR, in which respondent admitted misconduct and consented to a ninety-day suspension from the practice of law. Respondent pled guilty to one count of failing to make and file a South Carolina Income Tax Return for tax year 1993 in violation of S.C. Code Ann. § 12-54-40(b)(6)(c) (Supp. 1998). For that criminal offense, respondent received a suspended sentence of ninety (90) days in prison. The Court accepted the parties' agreement and imposed a definite suspension of ninety days, retroactive to June 9, 1999 (the date of his interim suspension). The Court ordered respondent to file an affidavit with the Clerk of Court within fifteen days showing compliance with Rule 30, RLDE, Rule 413, SCACR. Moore, J., did not participate in the disposition. The respondent appeared pro se; Henry B. Richardson, Jr. represented the Office of the Disciplinary Counsel.

Legal Issues Presented

1. Whether the Court should accept the agreement under Rule 21, RLDE, Rule 413, SCACR, pursuant to which respondent admitted misconduct and consented to a ninety-day suspension.
2. Whether respondent's conviction for failing to file a South Carolina income tax return and the attendant facts warrant a definite suspension from the practice of law, and, if so, the appropriate duration and effective date of that suspension.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court's analysis proceeded from the parties' Rule 21 agreement and respondent's guilty plea for failing to file a South Carolina Income Tax Return for tax year 1993 in violation of S.C. Code Ann. § 12-54-40(b)(6)(c) (Supp. 1998). The Court identified the failure to file a tax return as a "serious crime" as defined by Rule 2(z), RLDE, Rule 413, SCACR. Based on that classification and respondent's admitted misconduct, the Court concluded respondent violated multiple professional rules:

• 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.
• 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 taken upon admission to practice law in South Carolina.

Given those violations and the parties' agreed sanction, the Court determined that a definite suspension for ninety days was warranted. The Court accepted the agreement and imposed the suspension retroactive to the date respondent's interim suspension began (June 9, 1999). The Court also required a compliance step: within fifteen days of the opinion respondent must file an affidavit with the Clerk of Court demonstrating compliance with Rule 30, RLDE, Rule 413, SCACR.

Holding and Implications

Holding: Respondent is suspended from the practice of law for ninety (90) days, retroactive to June 9, 1999.

Implications: The direct effect is that William K. Charles, III is definitely suspended for ninety days and must file an affidavit within fifteen days showing compliance with Rule 30, RLDE, Rule 413, SCACR. The opinion does not articulate broader precedential effects beyond accepting the parties' Rule 21 agreement and imposing the agreed sanction.