Thursday, March 14, 2013

Lesser Reciprocal Discipline

An attorney who pled no contest to misdemeanor sexual assault charges was suspended for 30 days in Virginia. The sanction was an agreed disposition.

The New York Appellate Division for the Second Judicial Department imposed a public censure as reciprocal discipline.

The court considered the reasons for the plea and the attorney's clean disciplinary history in reaching its decision:

In a sworn statement dated September 17, 2012, the respondent advised that he waived his right to a hearing in this matter. However, he stated that his "no contest" plea was not an admission of guilt but, rather, a choice not to introduce any evidence at that time. He requests that this Court's disposition be made in consideration of the foregoing, as well as his previously unblemished record in New York.

 (Mike Frisch)

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