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South Carolina
Judicial Department
24887 - In the Matter of Tootle

Davis Adv. Sh. No. 4
S.E. 2d


In The Supreme Court

In the Matter of Kenneth L. Tootle


Opinion No. 24887

Submitted January 4, 1999 - Filed January 25, 1999


Kenneth L. Tootle, of Beaufort, pro se.

Attorney General Charles M. Condon and Senior

Assistant Attorney General James G. Bogle, Jr., both

of Columbia, for the Office of Disciplinary Counsel.

PER CURIAM: In this attorney disciplinary matter, respondent

and Disciplinary Counsel have entered into an agreement under Rule 21,

RLDE, Rule 413, SCACR. In the agreement, respondent admits misconduct

and consents to be suspended from the practice of law for ninety days,

retroactive to the date of his interim suspension. We accept the agreement.

Respondent pled guilty to one count of failure to make and file a

South Carolina Income Tax return in violation of S.C. Code Ann. ยง12-54-

40(b)(6)(c) (Supp. 1997). Respondent was sentenced to ninety days in prison,

suspended upon the payment of a $400.00 fine.

The failure to file a tax return is a serious crime as set forth in

Rule 2(z), RLDE, Rule 413, SCACR. By his conduct, respondent has violated

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 and has violated 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 he took upon

admission to the practice of law in this State.

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 to December 1, 1998, the date of his

interim suspension. Within fifteen days of the date of this opinion,

respondent shall file an affidavit with the Clerk of Court showing that he has

complied with Rule 30, RLDE, Rule 413, SCACR.