In Re Jones

NEBEKER, Associate Judge, Retired,

concurring:

I write to disassociate myself from Judge Terry’s invitation for a case presenting an issue about which he has an opinion. Should a disciplinary case be presented in the future where failure to respond to Bar Counsel’s inquiry is charged under DR 1-102(A)(5), I have little doubt that members of the Bar are now on notice of “what is prohibited” even though Judge Terry would have it otherwise. After he expressed a desire to expound on this point in a separate concurrence, Bar Counsel was requested to file a supplemental memorandum addressing it. I…