Friday, June 10, 2022
Scooped by the National Law Journal with the news that the District of Columbia Disciplinary Counsel has charged Rudolph Giuliani with filing frivolous litigation and conduct prejudicial to the administration of justice for his role in the Pennsylvania election litigation.
The docket number of the case - No. 2020- D253 - means that the confidential investigation was initiated close in time to the alleged misconduct.
While the Respondent in presently suspended in D.C. on a reciprocal basis, these original charges are a sharp rebuke to critics of the office over the handling of so-called "political" cases.
The principal reason for that criticism is ODC's compliance with the Rule that mandates strict secrecy of disciplinary investigations unless and until charges are filed.
If ODC had been allowed to disclose its Giuliani investigation (and, hopefully, an investigation of Jeffrey Bossert Clark), such transparency would have assured the public that the office was doing its job.
The confidentiality of pending investigations rule (D.C. App. R. XI, section 17) should be changed to (1) allow ODC to disclose open investigations and (2) require ODC to disclose the results of all investigated matters.
Update: If the misconduct is proven and Respondent can demonstrate it was caused by alcoholism and he is in recovery, he may be able to mitigate the sanction. (Mike Frisch)