Wednesday, April 18, 2012
The Michigan Attorney Discipline Board has vacated conditions imposed by a hearing panel in a case where an attorney pleaded guilty to operating a vehicle while impaired and subsequently violated a condition to not possess or consume alcohol.
The hearing panel imposed a reprimand. The Grievance Administrator sought and obtained an amendment to the order that required that the attorney abstain from alcohol use for one year.
The board vacated the condition, concluding that '[t]he purpose of requiring respondent to stop drinking for one year has not been articulated."
The board noted that the attorney "has been and remains vigorous and physically active, and still handles a substantial caseload as an administrative law judge, all at the age of 80...There is no evidence that respondent lacks the ability to moderate or stop his drinking as necessary or appropriate to abide by applicable law and function professionally." He complied with the conditions of the criminal sentence. (Mike Frisch)