Monday, June 19, 2017
The Vermont Supreme Court has reinstated an attorney who had been suspended for two years by the New York Appellate Division for the Second Judicial Department and reciprocally sanctioned in Vermont.
The New York sanction was based on a misdemeanor guilty plea to identity theft.
The charge alleges that the respondent engaged in illegal conduct that adversely reflects on her honesty, trustworthiness, or fitness as a lawyer, in violation of Rules of Professional Conduct (22 NYCRR 1200.0) rule 8.4(b). On or about November 15, 2011, before the Honorable Stephen L. Braslow, in the County Court, Suffolk County, the respondent entered a plea of guilty to the crime of identity theft in the third degree (Penal Law § 190.78), a class A misdemeanor. On or about January 10, 2012, Judge Braslow sentenced the respondent to a period of three years of probation.
She had opposed reciprocal discipline in Vermont without success.
[the court] note[d] some irony in respondent's argument that she did not really engage in misrepresentation with intent to defraud; she merely misrepresented that fact to a court.
The court also rejected her claim of duress in the criminal matter.
Based on the evidence presented, the panel finds that petitioner has the moral qualifications and competency and learning required for admission to practice in the state of Vermont, that she has been rehabilitated, and that her resumption of the practice of law will be neither detrimental to the integrity and standing of the bar or the administration of justice nor will her resumption of the practice of law be subversive of the public interest.