concurring and dissenting: I concur in the majority opinion with the exception of the discipline imposed. The majority concludes, after its analysis, that Ketter’s discipline should be suspended and that he be placed on probation for 3 years from the date of the majority opinion. I respectfully dissent and believe the appropriate sanction in this case should be an indefinite suspension from the practice of law.
As the majority notes, Ketter is currently in some type of therapy, although it is difficult to determine from the record exactly what type of therapy is involved. It is apparent, however, that Ketter is in therapy only because it is a special condition of his suspended sentence. As the majority observes, the only time in Ketter’s life he has sought help is when criminal charges were pending against him. The majority opinion states: “Ketter’s refusal to acknowledge that he has psychological problems and seek treatment for them is puzzling. Even his version of events, that he ended up sitting in his car in a busy public place with his pants off, suggests he is indeed troubled.”
*162In a prior disciplinary proceeding before the panel involving the same land of activity, Ketter articulately represented to the panel that his problem was a one-time event which, if consideration were given to him, would never occur again. In that proceeding, the panel entered a favorable decision on his behalf, recommending informal admonition. However, one member of the panel dissented and would have instead required a more complete psychological assessment before imposing discipline. The dissent noted that while Ketter’s appearance and preparation were “very polished,” he failed to comprehend the nature of his conduct and its ramifications to others or to express remorse for his conduct.
The Disciplinary Administrator argued that Ketter should be suspended indefinitely. Pie cites Standard 8.2, which says: “ ‘Suspension is generally appropriate when a lawyer has been reprimanded for the same or similar misconduct and engages in further acts of misconduct that cause injury or potential injury. . . .’ ” As the majority notes, “Ketter’s conduct appears to fit within this standard.”
The majority further quotes from the clear and convincing evidence to support findings of aggravated factors before the panel as follows: “(1) prior disciplinary offenses; (2) refusal to acknowledge the wrongful nature of the conduct; and (3) illegal conduct.” The majority further notes that “Ketter’s past attitude may have been cooperative, but that cannot be said about his present attitude. Ketter’s present attitude is an example of his unwillingness to identify and confront his problems.”
I believe significant opportunities have been presented to the respondent to alter his behavior or at least confront his behavior that has given rise to the charges in the present case. Any further opportunities, in my opinion, serve only to encourage respondent’s unwillingness to identify and confront his problems.
McFarland, C.J., and Lewis, J., join the foregoing dissent.