June 25, 2009
"An Isolated Series Of Bad Choices"
An Arizona attorney who had been convicted of extreme DUI, leaving an accident scene and endangerment as a result of an accident with a motorcyclist was the subject of a bar discipline proceeding. A hearing officer's proposed dismissal of the charges was not accepted and remanded by the Disciplinary Commission based on the hearing officer's failure to accord conclusive weight to the underlying conviction. A new hearing officer has found misconduct, although the crimes were an "isolated series of extremely bad choices" and recommended a public censure and one year of probation. (Mike Frisch)
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I am struck by the audacity of the State Bar in attempting to argue before the last hearing officer that the lawyer’s motion filed in the criminal proceeding, and subsequently withdrawn, which argued that the prosecutor had engaged in prosecutorial misconduct, should serve as an aggravating factor. Simply claiming prosecutorial misconduct was enough. There was never any adjudication of this claim and nor did the judge in the criminal prosecution take any sort of disciplinary action. The hearing officer correctly refuted this claim.
It seems that the greatest crime one can commit as a lawyer is to challenge the judicial system.
Posted by: FixedWing | Jun 25, 2009 4:40:24 PM