Monday, November 17, 2008

No Disbarment For Misprison Of Felony

An attorney convicted of misprison of felony was suspended for a period coterminous with his federal probation and until further court order. The facts:

Respondent admitted that he knew and failed to report that a tenant in a building that he owned was growing marihuana plants on the first floor and in the basement of the building.

The New York Appellate Division for the Fourth Judicial Department concluded that automatic disbarment was not required as there is no comparable felony under New york law.

The link takes you to the court's web page. This case is Matter of Price. The case in today's earlier post is Matter of Ciccone. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/11/an-attorney-con.html

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Comments

In State of Oklahoma v. Golden, 2008 Okla. LEXIS 40 (Okla. April 22, 2008), the court disbarred a lawyer who had pleaded guilty to one count of misprision of a felony (assisting a client in committing healthcare fraud).

Posted by: Bill Freivogel | Nov 17, 2008 10:28:08 AM

Once again, the accused did not appear yet the Court failed to address the issue of personal jurisdiction.

The Court also fails to explain how it arrived at the period of suspension. Dice against the back wall of the courtroom possibly? There is a degree of arrogance in all of the decisions emanating from the various departments in New York. These are pronouncements handed down from above as if the judges were conveying the word of God. No explanation need be given.

Stephen

Posted by: FixedWing | Nov 17, 2008 10:35:28 AM

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