Hold The Phone

Reciprocal discipline of a public censure was imposed on an attorney by the New York Appellate Division for the First Judicial Department as a result of a reprimand and probation in Arizona.

In April 2011, respondent was charged with a misdemeanor in Tucson County Court after having damaged his wife’s cell phone during a domestic dispute. Respondent appeared pro se at a pretrial conference at which he entered into an agreement with the prosecutor to participate in their diversion program, following completion of which the charge against respondent would be dismissed. Respondent failed to complete the intake process for the program and failed to appear for at least four pretrial conferences, resulting in the issuance of warrants for his arrest. In May 2012, after failing to appear at five pretrial conferences, respondent completed the diversion program.

Meanwhile, in March 2012, the Magistrate presiding over respondent’s criminal case reported his conduct in the matter to the State Bar of Arizona. In June 2013, respondent, represented by counsel, entered into an agreement for discipline by consent with the State Bar in which he, inter alia, waived his right to a hearing on the complaint and waived all defenses, objections, or motions which would have been raised or made in connection therewith. Respondent admitted that his conduct violated Arizona Supreme Court Rules 42 and 54(c) and Arizona Rule of Professional Conduct 8.4(b). He agreed to the imposition of a reprimand, to probation for a period of up to one year, to submit to an assessment and complete any treatment recommended by the State Bar’s Member Assistance Program, and to pay the costs and expenses of the disciplinary proceeding. By order of July 2, 2013, the Arizona Supreme Court accepted the parties’ proposed agreement for discipline by consent and ordered that respondent be disciplined in accordance therewith.

The attorney maintains an office in Arizona. (Mike Frisch)