“Future Restitution” An Unethical Inducement

The Wyoming Supreme Court has imposed a censure of a (now former) public defender for misconduct in the defense of a client accused of sexual crimes against his minor niece.

The client had a personal injury suit that resulted in a $250,000 settlement.

The attorney contacted the victim’s mother (the client’s sister) and offered $15,000 for her favorable recommendation at sentencing.

The court appended and accepted the Board of Professional Responsibility’s report and recommendation that found the inducement (which the attorney called “future restitution”) violated several ethics rules and rejected the contention that the phrase “conduct prejudicial to the adminstration of justice” was unduly vague. (Mike Frisch)