Vintage Argument Raises Questions

The District of Columbia Court of Appeals (Chief Judge Washington, Associate Judge Beckwith and Senior Judge Reid) heard oral argument yesterday in the bar disciplinary case of In re Layn Saint-Louis.

The matter involves misappropriation and a board recommendation for disbarment.

I was unable to attend but understand that Judge Reid asked a question that would have occurred to me (paraphrasing) and was an argument pressed by the accused attorney

Why did a case involving possible disbarment take so long?

When Bar Counsel (excuse me Disciplinary Counsel) decides to investigate a complaint, the matter is assigned a docket number. You can tell from that number the arc of the case.

Here the Docket Number is 2005- D217.

Because OB(D)C dockets about 500 cases a year, that means that the investigation began in the late spring of 2005 – more ten years ago.

From the June 27, 2014 Hearing Committee Report

There are no significant additional mitigating factors here. Thus, while Bar Counsel’s excessive and unjustifiable delay in bringing this action raises serious questions, under the Court of Appeals cases on Bar Counsel delay as mitigation, the delay does not reduce the appropriate recommended sanction in this case.

Assistant Bar Counsel Fox also publicly told the truth about the disciplinary system’s most shameful secret. Once Bar Counsel completes an investigation and submits formal charges, those charges sit in the Office of the Board on Professional Responsibility for a full year awaiting review.

Thus, nothing can go forward for that year while witnesses move or die and the case gets harder to prove.

I was at Bar Counsel from 1984 to 2001. This never happened in those years. There is no excuse for BPR-induced delay in reviewing charges.

Neither the BPR or the hearing committees are understaffed to review and try these cases. There are twelve hearing committees and a huge roster of 52 alternates.

This delay only serves accused attorneys and prejudices the public’s right to an honorable legal profession characterized by credible self-regulation.

The cases tend not to age well like a fine wine (to paraphrase former Bar Counsel Len Becker).

I have been asking Judge Reid’s question for about a decade.

My earlier post on the case is linked here. (Mike Frisch)