Matter of Discipline of Johnson

AMUNDSON, Justice

(concurring in result).

Since this case was originally decided, I have had numerous opportunities to revisit it. After this further reflection, I am still convinced that the discipline outlined in my dissent in In re Discipline of Johnson, 488 N.W.2d 682, 687 (S.D.1992), was the appropriate discipline under the facts in this case. Since the appropriate discipline as recommended in my dissent was not acceptable to a majority of this court, the question presently before this court is whether or not disbarment is the appropriate discipline to be imposed on Johnson.

As is evident from my previous writing, I have strongly felt that disbarment in this case was simply and plainly punishment. Therefore, having to elect between punishment (disbarment) or the discipline of suspension for a period longer than I deem appropriate or necessary, I must select the discipline recommended by the majority as the best of two objectionable options.