Thursday, July 10, 2008

Conditional Admission Violation Leads To Suspension

A bar applicant was conditionally admitted in Arizona in July 2007 with conditions of alcohol abstinence that prohibited "ingesting alcohol, food stuffs, beverages or toiletries containing alcohol." a random screning in October 2007 revealed the presence of ethylglucuronide, an alcohol metabolite. The attorney admitted taking NyQuil and stated that she did not realize it contained alcohol. An agreement for censure plus probation was reached.

A second positive test led to a further agreement for a suspension of six months and a day, which was approved by a hearing officer. The attorney has relocated to California and taken a job that does not require her to be a lawyer or have bar membership. The hearing officer concludes: "Respondent appears to be a bright articulate young person that could have a future in the law. However, the fact that she takes her obligation to the profession and the rules, as well as her personal commitments, so casually is troubling indeed." The sanction requires the attorney to petition for reinstatement. (Mike Frisch)

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