In re Witte

I agree that the record reflects that respondent, by negligence or otherwise, is guilty of “commingling” approximately $120 of his client’s funds with those of his own; and, that for so doing, he has violated certain Disciplinary Rules and should be disciplined.

However, I respectfully suggest that the outright disbarment ordered in the principal opinion is exceedingly harsh and not mandated by the facts of this case. As pointed out therein, we do in a disciplinary case reserve unto ourselves the power to review the same de novo and limit the findings of the Master to recommendations only.…