Monday, June 17, 2013
The Delaware Supreme Court has ordered that a bar discipline matter be closed, concluding that the attorney's conviction for Offensive Touching "bears no relationship to Respondent's fitness to practice law."
The conviction involved a
domestic incident in public during which [the attorney] grabbed his minor daughter by her ponytail, held her head at an angle, and refused to let go. Respondent took that action to prevent his troubled, minor daughter from again attempting to run away from home, in the context of an intensely stressful family situation.
The Office of Disciplinary Counsel ("ODC") objected to the Board on Professional Responsibility's report finding no violation. ODC contended that every criminal conviction violates Rule 8.4(b).
The court here sharply rejected that contention: "This case, by its nature and in these specific circumstances, should not have warranted intervention by the ODC."
The court used the name "Eric Michaels" rather than the attorney's true name.(Mike Frisch)