Saturday, July 7, 2012
The Idaho Supreme Court has suspended an attorney for three years with an active suspension of 18 months for a series of ethical violations in the course of handling a driver's license suspension matter. The client had refused a field sobriety test when he was confronted by the police and accused of underage drinking after leaving a graduation party.
The client eventually hired new counsel for the matter. The new counsel assisted the client in filing a bar complaint. The accused attorney claimed that new counsel had a "deep animosity" for him because he was the "Lone Ranger" and new counsel was part of the "good old boys network" in their locale. They had been opposing counsel in a high-profile murder case.
The court here affirmed the findings of misconduct. It rejected the attorney's claimed due process violation for alleged delay in the bar investigation, finding that the attorney had not been prejudiced. The court also concluded that the attorney's threat to sue his former client was not protected by the First Amendment.
The attorney is now a farmer and does not intend to resume the practice of law. The court rejected his suggestion that these proceedings had served to "tarnish his reputation as a farmer."
The record is replete with fabricated documents, contradictions and flat out lies...If his reputation is tarnished, it will simply be due to his conduct.