Detroit, Ml Fax: (313)

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1 Si 1M 4 03 STATE OF MICHIGAN ' 1 rg \ mwm fifsglplihe! ISI [ m/8lr Attorney Discipline Board 6 FEB 19 PM h Hi m 211 W. Fort St., Suite 1410 (313) Detroit, Ml Fax: (313) GRIEVANCE ADMINISTRATOR, Attorney Grievance Commission, v Petitioner, Case No GA MILTON SPOKOJNY, P 20854, Respondent NOTICE OF HEARING PLEASE TAKE NOTICE that the above referenced matter will be heard before Tri- County Hearing Panel #55 of the Attorney Discipline Board on Thursday, April 14, 2016, at 9:30 a.m. at the office of the hearing panel Member, David L. Haron, Northwestern Hwy., Ste. 115, Farmington Hills, Ml 48334, (248) Julie Loiselle Case Manager DATED: February 19, 2016 NOTE TO COMPLAINANTS: If you have any questions regarding your appearance at the above hearing, please contact Todd A. McConaghy at the office of the Attorney Grievance Commission at (313) F:\Panel\Spokojny\init noh.wpd 1?' OCi-1 M n

2 State of Michigan Attorney Discipline Board Fjifo arrow- mcmg ssm 16 FEB 18 PH 3:^3 \ Grievance Administrator, Michigan Attorney Grievance Commission, Petitioner, Case No GA Milton Spokojny, P20854, Respondent. / Formal Complaint (Parties and Jurisdiction) 1. Petitioner, Grievance Administrator, is authorized by MCR 9.109(B)(6) to prosecute this Formal Complaint by the Attorney Grievance Commission, which is the prosecution arm of the Supreme Court for the discharge of its constitutional responsibility to supervise and discipline Michigan attorneys. 2. As a licensed Michigan attorney, Respondent is subject to the jurisdiction of the Supreme Court and the Attorney Discipline Board as set forth in MCR Michigan attorneys have a duty to conduct themselves personally and professionally at all times in conformity with the standards imposed on members of the bar as a condition of the privilege to practice law. 4. Respondent is a Michigan attorney who was licensed in 1973 and who resides or has his place of business in the County of Oakland. { DOCX} 1 niic 2818/82/13 ib^e

3 (Factual Allegations) 5. On or about April 10, 2013, Respondent provided deposition testimony in Michael A. Greene v Pamela Anderson, et a/., United States District Court for the Eastern District of Michigan Southern Division Case No Respondent testified under oath in pertinent part as follows: Q Now, you testified earlier that you only used the computers at the District Court for professional purposes, correct? A Yes. Q Did you ever cause any nude pictures of any women to be download [sic] on any of the computers there? MR. FIELDS: Form and foundation. THE WITNESS: No. Q (By Mr. Gonek) Did you ever look at any naked women pictures on s at the court? A No. MR. FIELDS: Objection, form and foundation. (Transcript at p 17) Q Now, the s that you sent Mr. Greene, did any of those have pictures of nude women? A No. (Transcript at p 37) 7. Respondent did, in fact, fonward s containing pornographic images of nude adult females to Mr. Greene at work. 8. As such, Respondent knowingly gave false testimony under oath. { DOCX} 2

4 (Grounds for Discipline) 9. By reason of the conduct described above in this Formal Complaint, Respondent has committed the following misconduct and is subject to discipline under MCR as follows: a. Engaged in conduct prejudicial to the administration of justice in violation of MCR 9.104(1) and MRPC 8.4(c); b. Engaged in conduct that exposes the legal profession or the courts to obloquy, contempt, censure, or reproach in violation of MCR 9.104(2); c. Engaged in conduct that is contrary to justice, ethics, honesty, or good morals in violation of MCR 9.104(3); d. Engaged in conduct that violates the standards or rules of professional responsibility adopted by the Supreme Court in violation of MCR 9.104(4); e. Engaged in conduct that violates a criminal law of a state or of the United States, an ordinance, or tribal law pursuant to MCR in violation of MCR 9.104(5); f. Violated or attempted to violate the rules of professional conduct in violation of MRPC 8.4(a); and g. Engaged in conduct involving dishonesty, fraud, deceit, misrepresentation, or violation of the criminal law, where { DOCX}

5 such conduct reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer. WHEREFORE, Respondent should be subjected to such discipline as may be warranted by the facts or circumstances of such misconduct. Alan M. Gershel P29652 Grievance Administrator Attorney Grievance Commission 535 Griswold, Suite 1700 Detroit, Ml (313) Dated: February J*., 2016 { DOCX}

6 Grievance Administrator, Attorney Grievance Commission, State of Michigan AHUM. -. pfws;r; Attorney Discipline Board ' 16 FEB 18 PH 3- it3 Petitioner, Case No GA Milton Spokojny, P20854, Respondent. ; / Discovery Demand As permitted by MCR 9.115(F)(4), Petitioner makes the following demand for discovery: 1) Copies of all documentary evidence to be introduced at the hearing, or access to such documentary evidence so that it can be inspected and copied, in accordance with MCR 9.115(F)(4)(a); and, 2) The names and addresses of any persons to be called as witnesses at the hearing, in accordance with MCR 9.115(F)(4)(a)(i). Under MCR (F)(4)(c), your failure to comply timely with the above demands may subject you to one or more of the sanctions set forth in MCR 2.313(B)(2)(a)-(c). Alan M. Gershel, P29652 r\grievancpadi ninistrator vgrievanc^xdi ninistrator Dated: February,/^ By: Todd A. McConaghy, P55675 Senior Associat^Counsel Attorney Grievance Commission 535 Griswold St., Suite 1700 Detroit, Ml (313) { DOC}

7 STATE OF MICHIGAN Attorney Discipline Board 211 W. Fort St., Suite 1410 Detroit, Ml (313) Fax: (313) GRIEVANCE ADMINISTRATOR v MILTON SPOKOJNY Case No GA PARTIES OF RECORD Milton Spokojny Respondent Northwestern Hwy., Ste. 500 Farmington Hills, Ml Todd A. McConaghy Counsel for the Grievance Administrator ATTORNEY GRIEVANCE COMMISSION 535 Griswold St., Ste Detroit, Ml TRI-COUNTY HEARING PANEL #55 Michael J. Balian Chairperson 811 South Blvd. E, Ste. 200 Rochester Hills, Ml David L. Haron Member Northwestern Hwy., Ste. 115 Farmington Hills, Ml Ben K. Frimpong Member DTE Energy 1 Energy Plaza, #688-WCB Detroit,MI ATTORNEY DISCIPLINE BOARD 211 W. Fort St., Suite 1410 Detroit, Ml

8 STATE OF MICHIGAN Attorney Discipline Board IMPORTANT PROCEDURAL INSTRUCTIONS (For discipline cases initiated by formal complaint) Respondent must consult all applicable court rules, including subchapter of the Michigan Court Rules. Proceedings before a hearing panel are described in MCR FILING REQUIREMENTS 1. See MCR (A). All original pleadings must be filed with the Attorney Discipline Board, 211 W. Fort St., Ste. 1410, Detroit, Ml Pursuant to MCR 9.115(A), original pleadings and other papers shall be filed with the Attorney Discipline Board with a proof of service showing delivery to the opposing party, or counsel, and each member of the hearing panel. Proofs of service must be properly signed and sworn and must clearly identify the pleading(s) and the parties served. 3. An answer to the formal complaint must be filed within 21 days after the date of service of the complaint on respondent. Service of the complaint is effective at the time of mailing or personal service. 4. WARNING: FAILURE TO FILE A TIMELY ANSWER WILL RESULT IN DEFAULT AND CONSTITUTES SEPARATE, ACTIONABLE MISCONDUCT. See MCR and 9.115(D)(2). 5. WARNING: FAILURE TO APPEAR MAY SUBJECT YOU TO AUTOMATIC SUSPENSION. See MCR 9.115(H). ADJOURNMENTS Any party seeking an adjournment must do so by written motion. 1. Except as described below, ALL adjournment requests shall be filed at least five days prior to the scheduled hearing. Motions for adjournment shall be filed with the Attorney Discipline Board with a proof of service showing delivery to the opposing party, or counsel, and each member of the hearing panel. 2. A motion for an adjournment shall state the specific reason for the request. The motion must affirmatively state that the concurrence of the opposing party or counsel has been requested on a specific date and that concurrence by the opposing party has been granted or denied. 3. The motion shall state affirmatively whether or not a previous adjournment has been granted to the requesting party by the hearing panel. 4. If an adjournment is sought for the reason that a party or his or her counsel is required to appear in another court, the motion shall include the name and number of the action and the name of the judge before whom the conflicting matter is scheduled. If possible, a copy of the notice of hearing or trial notice should be attached to the motion.

9 IMPORTANT PROCEDURAL INSTRUCTIONS Page 2 (For discipline cases initiated by formal complaint) EMERGENCY MOTIONS FOR ADJOURNMENT 1. A request for adjournment filed less than five days before the scheduled hearing date shall be considered an emergency motion. 2. An emergency motion shall be in writing and shall be filed with the Attorney Discipline Board. If possible, copies shall be faxed to the Board, the hearing panelists and the opposing party. In addition to the statements required in a regular motion for adjournment, an emergency motion shall include an affirmative statement explaining why the motion was not or could not have been filed at least five days prior to the scheduled hearing. FILING OF OBJECTIONS Objections to adjournment requests shall be made in writing and shall be filed in accordance with MCR (A). Objections to an emergency request for an adjournment should be filed as soon as possible. If possible, copies shall also be faxed or ed to the Board, the hearing panelists and the opposing party. CONSIDERATION OF ADJOURNMENT MOTIONS By the Hearing Panel 1. If a good cause is shown, the hearing panel chairperson may grant one adjournment per party. MCR 9.115(F)(1). The panel chairperson is encouraged to consult with the other members of the panel. 2. The panel chairperson should notify the Attorney Discipline Board's Case Manager whether the panel wishes to grant or deny the motion. The Board's staff will assume the responsibility of notifying the parties, panel members and court reporter of an adjournment. Each party is responsible for notifying witnesses to be called, including the complainant(s). By the Attorney Discipline Board If a previous adjournment has been granted to a party, subsequent requests for adjournment by that party will be decided by the Board, acting through its chairperson. F:\Panel\0-Forms\Formal ComplaintMnstructions-GA.wpd