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No. 33516 -      Lawyer Disciplinary Board v. Raymond David Brown, Jr., an administratively suspended member
 of the West Virginia State Bar

Ketchum, J., dissenting:

            Sometimes we need to mix a little mercy with justice.

            This lawyer misappropriated his client's funds to support his drug problem. He has since sought treatment and has straightened up his life. An indefinite suspension with the right to petition the Court for reinstatement in three years provides plenty of protection to the public.

            I respectfully feel that annulling this lawyer's license is not an appropriate sanction under the circumstances. The Hearing Panel Subcommittee of the Lawyer Disciplinary Board heard the evidence, considered the demeanor of the witnesses and of Mr. Brown, and made a careful, measured recommendation. I am not persuaded by the majority opinion's reasoning that the recommendations of the Board should be so lightly dismissed.

            I therefore dissent.