Monday, September 30, 2013

Brief Misconduct Draws Sanction

The New York Appellate Division for the First Judicial Department has imposed a public censure as reciprocal discipline for misconduct sanctioned by the United States Court of Appeals for the Fourth Circuit.

The misconduct:

...the Circuit Court found that respondent: (1) improperly joined unrelated quotations of a witness's testimony in his brief so as to give the appearance that he was citing to a continuous stream of testimony; (2) accused the trial judge, without factual witness support, of suppressing evidence; (3) wrongly accused the government of purposely overestimating the anticipated length of the trial in order to defeat his motion to change venue; (4) submitted and relied on a declaration to support the legitimacy of a purported on-line conversation about which he had no personal knowledge; and (5) asserted, without factual support, that two Secret Service Agents involved in the investigation of his client had been terminated for misconduct.

The Fourth Circuit had publicly admonished the attorney. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/09/the-new-york-appellate-division-for-the-first-judicial-department-has-imposed-a-public-censure-as-reciprocal-discipline-for-m.html

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