Dale R Gwilliam censured by the supreme court of Arizona

Bar No. 004979; File Nos. 04-2072 Supreme Court No. SB-06-0025-D

By Arizona Supreme Court judgment and order dated February 27, 2006, Dale R. Gwilliam, 459 N. Gilbert Rd., Suite C-100, Gilbert, AZ 85234, a member of the State Bar, was censured and ordered to pay the costs and expenses of the disciplinary proceedings in the amount of $791.67 together with interest at the legal rate.

In an attempt to pay discipline costs in another case, Mr. Gwilliam fabricated a letter from the State Bar listing his disciplinary costs as “per capita assessment” of active bar members for the State Bar’s new building. Mr. Gwilliam fabricated the letter to avoid the embarrassment of having to explain his prior sanction when obtaining a check from his finance director. Shortly thereafter, Mr. Gwilliam changed his mind and attempted to retrieve the false letter. By that time, however, the letter had already been mailed to the State Bar with a check.

Two aggravating factors were found: prior disciplinary offenses and dishonest or selfish motive. Three mitigating factors were found: timely good-faith effort to make restitution or to rectify consequences of misconduct, full and free disclosure to disciplinary board or cooperative attitude toward protoceedings and remorse.

Mr. Gwilliam violated Rule 42, ARIZ.R.S.CT., ERs 8.4(c) and (d).