Monday, March 31, 2008

No Reciprocal Suspension

In a reciprocal discipline matter from Ohio where the attorney had been suspended for failing to file a registration statement and complete CLE obligations, the New York Appellate Division for the Second Judicial Department declined to suspend and ordered a public censure. The court deemed a non-suspensory sanction appropriate notwithstanding the attorney's default in the matter.

In D.C., where there are no post-admission CLE requirements, we would report these Ohio orders and take no further action as the misconduct was not misconduct under District of Columbia ethics rules.

In an unrelated matter, the court reduced a two-year New Jersey suspension to 18 months, as had been recommended by a Special Master. The attorney had claimed a violation of due process, because "the [New Jersey] OAE delayed filing a complaint for eight years during which time [the client] died, thus depriving him of a principal witness who could have exonerated him..." and that "at the age of fifty he is not easily employable and that the imposition of reciprocal discipline ' will economically devastate [his] family and lead [them] into bankruptcy. ' " The court took into account as series of mitigating factors in imposing discipline. (Mike Frisch)

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