Practice Interrupted

The New York Appellate Division for the Second Judicial Department rejected a plea to practice without interruption made on behalf of an attorney convicted of an unclassified misdemeanor for driving under the influence. He had been involved in an accident with a motorcyclist and fled from the scene. The court noted evidence in mitigation as follows:

In determining an appropriate measure of discipline to impose, therespondent asks the Court to consider his unblemished record, hisexcellent reputation as a former federal and state prosecutor, hismilitary record as a lieutenant in the United States Navy JudgeAdvocate General Corps., his volunteer services, his characterreferences, his expressed remorse, and his efforts to control hisalcoholism. The Special Referee rendered the opinion that “[a]llindications are that he is capable of being a valuable and productivemember of the legal profession.” Under the totality of circumstances,the respondent is suspended from the practice of law for a period of one year.

The court will allow the attorney to seek reinstatement after six months. (Mike Frisch)