(dissenting)—I do not agree with the majority that James P. Selden should be disbarred. While I concur in the majority's comments regarding the grievous nature of Mr. Selden's misconduct, I cannot agree with the recommended disbarment. By this court's action, we completely disregard the conclusions of the hearing officer who heard the live testimony of the witnesses and Mr. Selden and who is in the best position to conclude what petitioner's future conduct will be. We also totally disregard the conclusions of the entire Disciplinary Board of the bar association whose lawyers and lay members we may assume share the same concerns we have in disciplinary cases.
The hearing officer's concluding paragraph furnishes this court an insight into the reasons for his recommendation. He stated:
*261Mr. Selden sought and received professional psychiatric counselling. His doctor is certain he is rehabilitated. He cooperated with the Bar Association's investigation and there is no evidence of misuse of client funds. After watching him testify and his demeanor throughout the hearing, I believe that Mr. Selden will not violate the Rules for Lawyer Discipline again. However, the rules have been violated and a severe sanction is required. Therefore I recommend a suspension for a period of sixty days, restitution, and costs assessed against Mr. Selden as the appropriate sanction in this case.
Findings, Conclusions, and Decision, at 4. A review by the chairperson of the bar association Disciplinary Board ordered that the hearing officer's recommendation that the respondent be suspended from practice for a period of 60 days be adopted. The dissenting opinion, signed by two members of the Disciplinary Board, one a nonlawyer, recommended instead a 120-day suspension. That opinion noted:
Mr. Selden's conduct is seriously at fault. He argues that he knows he was wrong and is remorseful. While the feeling of remorse is appropriate, it is not sufficiently mitigating for the dissenting members to consider a less severe sanction. As a deterrent to others, himself, and as a message to the public that members of the Bar will not tolerate a taint on the honor, dignity, and integrity of the legal profession, we feel a suspension of at least 120 days is appropriate.
Disciplinary Board dissenting opinion, at 1-2.
I subscribe fully to the majority's concern that the purpose of disciplining an attorney is not primarily to punish the wrongdoer, but to curb disrespect for the profession, to maintain its honor and dignity and to assure to those who seek services of an attorney that conduct involving dishonesty and lawlessness will not be tolerated. The majority further recognizes the public's confidence in the legal profession must be preserved and attorneys must be deterred from engaging in similar misconduct and that in satisfying these objectives the consequence for attorney discipline cases is to some extent unavoidably punitive.
*262An examination of the carefully considered opinions reached by the hearing officer and the Disciplinary Board leads to the inescapable conclusion that they were motivated by exactly the same factors that motivate this court in reaching their conclusions. They had before them for consideration all the cases relied upon by the majority. Suspension of an attorney for a period of 60 days or more is a severe sanction. It requires an attorney to notify all clients of the suspension, its basis, and the attorney's consequent inability to act for them. Clients involved in litigation or administrative proceedings must be further notified of their need to seek prompt substitution of another attorney. If such a client does not seek other counsel, an attorney must also notify the court or agency before whom the client is appearing of the attorney's inability to act. RLD 8.1 requires other specific acts of the attorney, as well.
To say this action does not deter attorneys from similar misconduct or convey to the public a message that dishonesty and lawlessness will not be tolerated is to unnecessarily ignore the broad diversity of background of those who made the recommendations to this court. The attorneys on the Disciplinary Board represent a broad cross section of citizens from various geographic areas of this state. In addition, this court has by its rules added lay members to the Disciplinary Board to assure recommendations will not suffer from an insulated view of the effect of disciplinary recommendations on the public.
The reasons cited in the majority and dissenting opinions of the Disciplinary Board give adequate reasons why their opinions should be considered and given greater weight. I therefore dissent.
Dolliver, C.J., Pearson, J., and Bever, J. Pro Tern., concur with Utter, J.Reconsideration denied March 6, 1987.