Wednesday, June 9, 2021

Stayed Suspension Proposed For Attempted Voyeurism

An attorney convicted of attempted voyeurism after being caught trying to take an upskirt photograph or video while riding the L'Enfant Plaza Metro escalator had agreed to a stayed six-month suspension as discipline negotiated with the District of Columbia Disciplinary Counsel.

The agreement states that he "placed his cell phone on top of his duffel bag and attempted to record images under the woman's skirt" without her consent.

He was confronted by a friend of the victim. The victim then asked to see his cell phone and saw "blurry photos or video that appeared to have been taken that day."

The offense is a misdemeanor and not a "serious crime" as defined by Rule XI, section 10.

The term "serious crime" shall include (1) any felony, and (2) any other crime a necessary element of which, as determined by the statutory or common law definition of such crime, involves improper conduct as an attorney, interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a "serious crime."

The agreement further states that the crime does not involve "moral turpitude" on its facts. Disbarment is mandatory for moral turpitude offenses.

The agreement must be passed on by a hearing committee with its ultimate fate in the hands of the Court of Appeals,

The agreement provides that the attorney participate in therapy. as a condition of the stayed suspension. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2021/06/an-attorney-convicted-of-attempted-voyeurism-after-being-caught-taking-upskirt-photographs-while-riding-the-lenfant-plaza-met.html

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