Neglect Of CJA Client Is Serious Misconduct

The District of Columbia Court of Appeals took the rare step of rejecting an uncontested sanction recommendation in a matter involving neglect and related violations by an attorney appointed to represent an indigent client who was seeking post-conviction relief.

The court ordered a suspension of six months with all but 60 days stayed rather than the fully stayed 30-day suspension proposed by a hearing committee and the Board on Professional Responsibility

This court bears the ultimate responsibility of ensuring in disciplinary cases that any sanction imposed will adequately protect the public and the courts, maintain the integrity of the profession, and deter others from engaging in similar misconduct. To fulfill those objectives, we determine that a six-month suspension, with all but 60 days stayed, and a one-year probationary term is appropriate in this case. A 60-day suspension period will give Ms. Askew time to adequately structure her practice. A concurrently commencing one-year period of supervised probation will ensure that she does in fact take all the steps needed to achieve that goal. Moreover, if it is not an automatic consequence of her suspension, we also direct that Ms. Askew be removed from all panel lists for court-appointed counsel in Superior Court and this court, without prejudice to her ability to reapply once she has completed her term of suspension and probation.

The court found that the misconduct was serious and that there were no significant mitigating factors. There was also this

…we are troubled by Ms. Askew‟s willingness at the hearing to make representations that not only contradict prior factual assertions, but also would lack the ring of truth even if they had been made in the first instance.

The attorney will be subject to a year of probation upon reinstatement (which is automatic after the 60 days).

Notably (and I believe a first), the court ordered the attorney’s removal from any program involving court appointments.

Kudos to the court for not simply rubber-stamping an unduly lenient sanction. (Mike Frisch)