Matter of McDonald

239 S.E.2d 83, 269 S.C. 598, 1977 S.C. LEXIS 347

Opinions

Ness, Justice:

This is a disciplinary proceeding resulting in respondent’s disbarment.

In January of 1977, respondent, a duly licensed attorney in the State of South Carolina, pled guilty to two separate incidents involving lewd and lascivious conduct with chil dren, five and eight years old. He was sentenced to five years imprisonment, suspended upon the service of six months.

Subsequently, a complaint was lodged against respondent by the Board of Commissioners on Grievances and Discipline, alleging professional misconduct in that he had committed crimes involving moral turpitude. Respondent generally admitted the allegations of the complaint, but prayed that the Court would accept a tender of resignation. However, we believe respondent’s admitted misconduct warrants permanent disbarment.

Accordingly, the respondent, James E. McDonald, II, is hereby disbarred from the practice of law in this State. He shall within five (5) days of the service of this order upon him surrender his certificate of admission to practice law to the Clerk of Court for cancellation.

Littlejohn and Rhodes, JJ., concur. Lewis, C. J., and Gregory, J., dissent.