In Re a Member of the State Bar of Arizona, Kleindienst

I concur with the finding that respondent violated DR 1 — 102(A)(4) and (5) and that he should be disciplined for these violations. I write to express my opinion that respondent has been treated too leniently. Considering the nature of these transactions and of respondent’s past record, he should be disbarred.

I recognize that the recommendation of the State Bar is entitled to serious consideration and I would ordinarily not deviate from its recommendation. However, as the majority opinion points out, this court is the ultimate trier of both fact and law in disciplinary proceedings (In re…