(dissenting).
As the majority opinion notes respondent’s offense may in large part have been precipitated by the circumstances resulting from his addiction to alcohol. In Matter of Walker, 254 N.W.2d 452 (S.D.1977), we properly refused to condone an attorney’s conduct on those grounds. Here, however, upon realizing his problem and where it had taken him, respondent sought and received treatment. It appears he has now successfully abstained from the use of alcohol for over two years. Furthermore, he has become actively involved in programs to aid persons with alcohol or drug-related problems.
When it comes to the discipline to be imposed, I distinguish the circumstances here, for example, with the demonstrated dishonesty of an attorney who misappropriates his client’s funds. In the latter case, the lawyer is an out-right thief and there is no point in time when we can protect society with reasonable assurance that he is not likely to repeat his character weakness. On the other hand, before reverting to errors attributable to drinking, an alcoholic is likely to signal a relapse.
It seems to me that the May 12, 1980, supplemental report of the Board recognized this when they mellowed their previous recommendation of disbarment to a one-year suspension with credit for the time already spent under suspension. In view of the circumstances, disbarment appears unduly harsh and fails to lend appropriate encouragement to respondent’s gallant rehabilitation efforts. I prefer accepting the Board’s recommendation to suspend, but, as an added safeguard, the suspension should be for three years with the recommended credit. Respondent’s sobriety should in the meantime be monitored.