Tuesday, October 31, 2006

Ethics 101: My Nomination

by Mike Frisch

As a follow up to Alan's post on the most obvious disciplinary result, my nomination is a case that I prosecuted at D.C. Bar Counsel.  In re Bewig, 791 A.2d 908 (D.C. 2002) asks the question whether repeated sexual abuse of a three year old child in the lawyer's care and custody is a crime of moral turpitude. The answer is "yes" but the most interesting aspect of the case was the D.C. Board on Professional Responsibility's report that reads like a love letter to the lawyer and encourages him to seek reinstatement (there is no permanent disbarment in the District of Columbia). Even more remarkable is the dissent of one member, who thought that predatory sexual abuse was a curable disability that justified probation in lieu of disbarment. These reports are available at www.dcbar.org, click on site map, then attorney discipline, then Board report and recomendations, enter keyword Bewig.

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