Monday, January 23, 2012
The Michigan Attorney Discipline Board has agreed with a Tri-Valley Hearing Panel that charges of false statements to a tribunal were not proven by a preponderance of the evidence. The Board affirmed the panel's order of dismissal.
The board rejected the arguments of the Grievance Administrator that the panel was biased:
...we find no support whatsoever for the Administrator's claims of bias on the part of the panel. To the contrary, the record shows that the panel was liberal in admitting evidence offered by the Administrator over the respondent's objections. That the panel understood what evidence might have established the Administrator's claims, and made reference to such evidence to illustrate the deficiency of the proofs does not establish bias or the improper resort to facts outside the record to support the decision.