Attorney Censured

A public censure was imposed by the New York Appellate Division for the First Judicial Department for a criminal conviction based on the following facts

In the summer of 2005, respondent had a brief affair with a married man. In September 2005, respondent began leaving voice-mail messages on her paramour’s cell and work telephones, and also called his home to speak with his wife. The calls went on for several months. Respondent also showed up uninvited at her paramour’s place of business and at other social events that he attended. In April 2006, respondent was arrested and charged with one count of stalking in the fourth degree; 44 counts of aggravated harassment in the second degree; and two counts of harassment in the second degree. An order of protection was issued against respondent directing her to stay away from her paramour and refrain from any contact or communication with him or his wife. Despite the order of protection, which respondent signed in acknowledgment, she continued to call and harass her paramour. As a result, on or about May 5, 2006, respondent was arrested and charged with four counts of criminal contempt in the second degree, one count of aggravated harassment in the second degree, and one count of stalking in the fourth degree. On or about May 10, 2006, respondent was arrested and charged with one count of aggravated harassment in the second degree and one count of stalking in the fourth degree for activities that had occurred between September 2005 and April 2006, prior to the initial arrest.

The attorney was convicted of stalking and other offenses.

There was mitigating evidence

At the sanction hearing, respondent testified on her own behalf and offered evidence of various personal difficulties as mitigation. In 1999, respondent was forced to stop practicing law as a result of mal de barquement syndrome, a chronic disorder which causes her to suffer persistent vertigo-like symptoms. In or about the summer of 2005, while in a vulnerable state, she became involved in a brief, intimate relationship, with her paramour. In September 2005, respondent became emotionally unhinged by the unstable nature of her relationship with her paramour and began telephoning him repeatedly over a period of several months, leaving voice mails and even calling his wife at home. Respondent also showed up uninvited at his place of work as well as at social events that her paramour attended. In May 2006, respondent became distraught over the fact that her paramour had brought criminal charges against her and violated the order of protection by repeatedly calling him in an attempt to resolve their outstanding issues. Respondent emphasized that she did not threaten or engage in violence, and expressed deep remorse for her behavior.

As part of her mitigation, respondent submitted a psychological examination report from Dr. Ethell A. Geller, who previously treated respondent from 1995 to 1997. In February 2009, on her own initiative, respondent contacted Dr. Geller to see if she had any outstanding treatment needs to address. In his report, dated February 20, 2009, Dr. Geller opined that the SHARP treatment program had helped respondent develop alternative coping skills and strategies to deal with situations similar to that which led to her conviction. Dr. Geller concluded that respondent did not require further outpatient therapy and her prognosis was positive.

Respondent’s extensive history of pro bono activities when she was able to practice law was also presented to the Hearing Panel. Respondent set up numerous non-profit corporations, including one for media attention on women’s issues, particularly abusive relationships, and a branch of the Osborne Association; she handled uncontested divorces and name changes for abused women through the Battered Women’s Project and Sanctuary for Families, and also represented refugees in their applications for asylum.

The Departmental Disciplinary Committee had initially sought a six-month suspension. (Mike Frisch)