(concurring).
As a deputy state’s attorney of Pennington County, Johnson used marijuana on at least 100 occasions and cocaine at least once and probably twice.
He was an Officer of the Court and appeared at criminal arraignments and sen-tencings. Contrary to some assertions herein, he was not just a civil litigator.
Per arguments before this Court, Johnson has never had counseling for his drug habit nor is he contemplating any treatment and/or counseling.
Under questioning by this writer at the Supreme Court Courtroom, Johnson admitted to using drugs since he was sixteen years of age.
Formally, Johnson has admitted to the use of controlled drugs as reflected by the pleadings herein. He has expressed that acting as a deputy state’s attorney “it was an insane thing for me going out and doing that.” I agree.
By his own admissions, he blatantly violated his trust. The trust imposed upon him, inter alia, was to represent the people of South Dakota, and particularly Pennington County, in the State’s Attorney’s office prosecuting criminal drug charges. Johnson prosecuted people for the very acts he was committing.
I must vote for disbarment herein. After five years, under SDCL 16-19-87, Johnson can apply for readmission and upon passing an examination, including a test on Ethics. This latter test is the Multistate Professional Responsibility Examination.
Johnson must meditate upon his wrongdoing and rectify his life — so that — once again he is fit to practice law in this state. More specifically, he must undergo counseling and treatment to completely free himself from a commitment to use drugs, a habit he has formed since the age of sixteen.
This case is distinguishable from Matter of Reinstatement ofHusby, 426 N.W.2d 27 (S.D.1988); Matter of Hopp, 376 N.W.2d 816 (S.D.1985); Matter of Willis, 371 N.W.2d 794 (S.D.1985); Matter of Strange, 366 N.W.2d 495 (S.D.1985); and Matter of Kessler, 366 N.W.2d 499 (S.D.1985) because Johnson prosecuted citizens for the very criminal acts that he, himself, was committing. Equal justice, under the law, must attend for all or it attends for none.