BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD IN THE MATTER OF VSB DOCKET NO ROBERT JUTZI HOWELL ORDER

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1 VIRGINIA: BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD IN THE MATTER OF VSB DOCKET NO ROBERT JUTZI HOWELL ORDER On September 28, 2017, came Robert Jutzi Howell and presented to the Board an Affidavit Declaring Consent to Revocation of his license to practice law in the courts of this Commonwealth. By tendering his Consent to Revocation at a time when allegations of Misconduct are pending, the nature of which are specifically set forth in the attached affidavit, Respondent acknowledges that that the material facts upon which the allegations of Misconduct are pending are true. The Board having considered the said Affidavit Declaring Consent to Revocation, and Bar Counsel having no objection, the Board accepts his Consent to Revocation. Accordingly, it is ordered that the license to practice law in the courts of this Commonwealth heretofore issued to the said Robert Jutzi Howell be and the same hereby is revoked, and that the name of the said Robert Jutzi Howell be stricken from the Roll of Attorneys of this Commonwealth. Entered this 28 th day of September, 2017 VIRGINIA STATE BAR DISCIPLINARY BOARD John A. C. Keith Digitally signed by John A. C. Keith Date: :22:55-04'00' By John A. C. Keith Chair

2 KI::(.;J::IVED SEP VIRGINIA STATE BAR VIRGINIA: BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD IN THE MATTER OF ROBERT JUTZI HOWELL VSB Docket No ; AFFIDAVIT DECLARING CONSENT TO REVOCATION I, Robert Jutzi Howell, after being duly sworn, states as follows: 1. I was licensed to practice law in the Commonwealth of Virginia on October 26, 2. I was licensed to practice law in North Carolina in March 2003; 3. I was licensed to practice law in Illinois in May 2008; 4. I submit this Affidavit Declaring Consent to Revocation pursuant to Rules of Court, Part 6, Section IV, Paragraph My consent to revocation is freely and voluntarily rendered, I am not being subjected to coercion or duress, and I am fully aware of the implications of consenting to the revocation of my license to practice law in the Commonwealth of Virginia; 6. I am aware there is currently pending a proceeding involving allegations of misconduct, the docket number for which is set forth above, and the specific nature of which is here set forth: On September 7, 2016, I was disbarred from the practice of law in North Carolina by consent and that action has become final. (See Exhibit "A". On March 20, 2017, I was disbarred from the practice of law in Illinois by consent and that action has become final. (See Exhibit "B". Those disbarments each arose from my pleading guilty on or about June 1, 2016, in The Court of General Sessions, State of South Carolina, County of Charleston, to a felony count of Pointing/Presenting a Firearm, a misdemeanor count of 1

3 Unlawful Carrying of a Pistol, and a misdemeanor count of Possession of Cocaine. On that same date, I was convicted of those offenses which stemmed from a June 20 IS incident during which I held an individual at gunpoint; 7. I acknowledge that the material facts upon which the allegations of misconduct are predicated are true; and 8. I submit this Affidavit and consent to the revocation of my license to practice law in the Commonwealth of Virginia because I know that if the disciplinary proceedings based on the said alleged misconduct were brought or prosecuted to a conclusion, I could not successfully defend them or show cause why my license to practice law in the Commonwealth of Virginia should not be revoked. Executed on srkm ~v-r.2 P /2. STATEOF f\t ~ CITY/COUNTYO"j ~ ~ Robert Jutzi Howell Respondent, to wit: The foregoing Affidavit Declaring Consent to Revocation was subscribed and sworn to before My Commission expires: C"/4 } I ( 2

4 r n WAKE COUNTY r ~ L. t: -._.1 IN THE GENERAL COURTS OF JUSTICE SUPERIOR COURT DMSION NORTH CAROLINA ZD!h SEP - l P 3: M 2834 IN RE: ROBERT J. HOWJtJi!L, \ ~!.', ' i:: :". : 1 r. (' (' ' I ' ', \ :.. I ~ ' I -'' '{ '., J ' _y Attorney at Law CONSENT ORDER OF DISBARMENT TI IlS MATTER came before the undersigned Judge of Superior Court ofwake County. Petitioner, the North Carolina State Bar, was represented by Brian P.D. Oten. Respondent, Robert J. Howell, was represented by Alan M. Schneider. Based upon the Affidavit of Surrender of Law License submitted to the Court by Robert J. Howell, and the consent of the parties, the Court makes the following: FINDINGS OF FACT 1. Robert J. Howell ("Howell" was licensed to practice law in North Carolina on March 22, Howell operated a law office in Wake County, North Carolina. 3. On 1 June 2016, Howell entered pleas of guilty to one (1 felony count of pointing and presenting firearms at a person, one (1 misdemeanor count of unlawful carrying of a pistol, and one ( 1 misdemeanor count of possession of cocaine in Charleston County, South Carolina. These charges stem_ from Howell's conduct in June 2015 when he held an individual at gunpoint while under the influence of cocaine. 4. Howell is in fact guilty of the criminal offenses to which he pled guilty. 5. Howell desires to resign his license to practice law and has tendered his license to practice law in North Carolina. 6. Howell's resignation is freely and voluntarily rendered. It is not the result of coercion or duress. Howell is fully aware of the implication of submitting his resignation. 7. Howell has submitted his resignation because he 1mows that if disciplinary charges were predicated upon the misconduct described above, he could not successfully defend against them. In re: Robert J. Howell 15 M Consent Order of Disbarment Page 1 of3 Exhibit A

5 Based upon the foregoing Findings of Fact and the consent of the parties, the Court makes the following: CONCLUSIONS OF LAW 1. By committing the acts described in his Affidavit of Surrender of Law License and by being convicted of one ( 1 felony count of pointing and presenting firearms at a person, one (1 misdemeanor count of unlawful carrying of a pistol, and one (1 misdemeanor count of possession of cocaine in Charleston County, South Carolina, Howell committed criminal. acts that reflect adversely on his honesty, trustworthiness, or fitness as a lawyer in violation of Rule 8.4(b of the North Carolina Rules of Professional Conduct. 2. Howell's misconduct constitutes grounds for discipline pursuant to N.C. Gen. Stat (b(l and {2. 3. The courts of this State have inherent authority to take disciplinary action against attorneys licensed to practice law in North Carolina. 4. This Court has jurisdiction over Howell and over the subject matter of this proceeding. S. Howell has engaged in professional misconduct warranting disbarment. IT IS NOW, TIIEREFORE, ORDERED: 1. Robert J. Howell is DISBARRED from the practice of law in North Carolina. 2. This Order of Disbarment is effective immediately upon entry. 3. To the extent not already completed, Robert J. Howell shall comply with the provisions of Subchapter B, Section.0124 of the Rules and Regulations of the North Carolina State Bar and shall surrender his license and permanent membership card to the Secretary of the North Carolina State Bar along with the affidavit required by Subchapter B, Section Howell shall not petition for reinstatement of his law license until the expiration of at least five years from the date of entry of this order. S. Howell's law license shall not be reinstated until he has demonstrated to the satisfaction of the Disciplinary Hearing Commission and the Council of the North Carolina State Bar that he has complied with 27 N.C. Admin. Code, Chapter 1, Subchapter B, Section.0125 of the Rules and Regulations of the North Carolina State Bar. In re: Robert J. Howell 15M Consent Order of Disbarment Page 2 of3

6 6. The costs of this action are taxed against Howell. Done and Ordered this~ - day of "See~r-r-'-'c.~~", Superior Court Judge P~ Brian P.D. Oten, Deputy Counsel North Carolina State Bar 'iq=- ~-./~ Robert J. Howell Ob11. 2L Alan M. Schneiaer Attorney for Robert J. Howell In re: Robert J. Howell 15 M 2834-Consent Order of Disbarment Pagel of3

7 WAKE COUNTY NORTH CAROLINA IN THE GENERAL COURTS OF JUSTICE SUPERIOR COURT DIVISION r. ~ l l (~ t L ;::.: Lf 15M 2834 zo lb SEP -1 p 3: 4 q I:N" RE: ROBERT J. HOWELL\~!~-~- ;tt: r 1,... p AFFIDAVIT OF SURRENDER Attorney at Law '. :. ' ('J l. \J. C. OF LAW LICENSE BY, r Robert J. Howell, being first duly sworn, deposes and says as follows: 1. I desire to resign and hereby tender my license to practice law inn orth Carolina. 2. My resignation is freely and voluntarily rendered. It is not the result of coercion or duress. I am fully aware of the implication of submitting my resignation. 3. On 1 June 2016, I entered pleas of guilty to one felony count of pointing and presenting firearms at a person, one misdemeanor count of unlawful carrying of a pistol, and one misdemeanor count of possession of cocaine in Charleston County, South Carolina (Charleston County case nos. 2015Al , 2015A , and 2015Al These charges stem from my conduct in June 2015 when I held an individual at gunpoint while under the influence of cocaine. I am in fact guilty of these charges, and I aclmowledge that the material facts upon which my guilty pleas were based are true. 4. I am submitting my resignation because I know that if disciplinary charges were predicated upon these criminal offenses, I could not successfully defend against them. S. I consent to be disbarred from the practice of law in North Carolina. This the _l day of Se~ b cz:;' v- f. IL Robert J. Howell I, ~~~ \ \i\. 1"\. >t ;~tary Public of the County of \N C\ ~ State ofnorth Carolina, certify that Robert J. Howell personally appeared before me this day, was sworn, attested that the foregoing Affidavit is true and accurate of hls own personal knowledge, and executed the foregoing Affidavit. Thisthe~ayof ~,~~ ~ ~ /"Z..f J 1..,~ ~,,,,,,mwuu111.~, ~ ~~ ~.,..., My Commission Expires:, -r--... #"''t-'tt.\n M S,o"'%_ Notary \He, ~ ~~ "1: ~ 8hi~;"' (la, 1~ 1: "otai!,_ ~, 'S ~ Puel.\o o ~.d :-.; ~ T~ ~ ~ ~ ~... "\. ~ ~!. Co U\'l ' ~~~ "'''''111111\\\\\\\\~

8 State of Illinois Supreme Court I, Carolyn Taft Grosbo/1, Clerk of the Supreme Court of the State of Illinois, and keeper of the records, files and Seal thereof do hereby certify the following to be a troe copy of an order entered March 20, 2017, in a certain cause entitled: M.R In re: Robert Jutzi Howell. Attorney R~gistration & Disciplinary Commission 2016PR00135 Filed in this office on the 28th day of December A.D IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of said Supreme Court, in Springfield, in said State, this 9th day of June, c(jm~ J..y ~ Clerk, Supreme Court of the State of Illinois Exhibit B

9 M.R IN THE SUPREME COURT OF ILLINOIS In re: Robert Jutzi Howell. Attorney Registration & Disciplinary Commission 2016PR00135 ORDER Motion by Robert Jutzi Howell to strike his name from the roll of attomeys licensed to practice law in Illinois pursuant to Supreme Court Rule 762(a. Allowed. Eff$ctive immediately. Order Entered by the Court. FILED March 20,2017 SUPREME COURT CLERK