THE STATE OF SOUTH CAROLINA
In The Supreme Court
In the Matter of Randall
M. Chastain, Respondent.
Opinion No. 24661
Submitted July 1, 1997 - Filed August 4, 1997
DEFINITE SUSPENSION
Randall M. Chastain, of Columbia, pro se.
Attorney General Charles Molony Condon and Assistant Deputy
Attorney General J. Emory Smith, Jr., both of Columbia, for
complainant.
PER CURIAM: In this attorney disciplinary matter, respondent
conditionally admits to engaging in misconduct and agrees to a retroactive
suspension from the practice of law for ninety days.1 We accept the conditional
admission.
Respondent pled guilty to three counts of failure to make and file a
South Carolina Income Tax return for the tax years 1989, 1990, and 1993 in
violation of S.C. Code Ann. § 12-54-40(b)(6)(c) (Supp. 1996). Respondent was
sentenced to concurrent terms of imprisonment of one year and/or a fine of
$10,000, provided that the sentence would be suspended upon one year probation
and the performance of 80 hours of community service.
The failure to file a tax return is a serious crime as set forth in
Paragraph 2 (P) of the Rule on Disciplinary Procedure, former Rule 413 'SCACR.
By his conduct, respondent has violated Rule 8.4 of the Rules of Professional
Conduct, Rule 407, SCACR, by committing a criminal act that reflects adversely
upon his honesty, trustworthiness and fitness as a lawyer and has violated
Paragraph 5(E), of the Rule on Disciplinary Procedure, former Rule 413 'SCACR,
by engaging in conduct tending to bring the courts or legal profession into
disrepute.
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 from the date of this opinion.
DEFINITE SUSPENSION.
1Respondent's license to practice law was suspended for a two year period
effective March 17, 1994. In the Matter of Chastain, 316 S.C. 438, 450 S.E.2d 578
(1994). Respondent has not sought to have his license reinstated.