September 28, 2008
The New York Appellate Division for the Second Judicial Department rejected a plea to practice without interruption made on behalf of an attorney convicted of an unclassified misdemeanor for driving under the influence. He had been involved in an accident with a motorcyclist and fled from the scene. The court noted evidence in mitigation as follows:
In determining an appropriate measure of discipline to impose, the respondent asks the Court to consider his unblemished record, his excellent reputation as a former federal and state prosecutor, his military record as a lieutenant in the United States Navy Judge Advocate General Corps., his volunteer services, his character references, his expressed remorse, and his efforts to control his alcoholism. The Special Referee rendered the opinion that "[a]ll indications are that he is capable of being a valuable and productive member of the legal profession." Under the totality of circumstances, the respondent is suspended from the practice of law for a period of one year.
The court will allow the attorney to seek reinstatement after six months. (Mike Frisch)
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