Legal Services For Sex Proposal Leads To Censure

A censure has been imposed by the New York Appellate Division for the Fourth Judicial Department.

Respondent admits that, in April 2015, he appeared in Cheektowaga Town Court as assigned counsel on behalf of a client for her arraignment on a charge of prostitution. Respondent admits that he spoke with the client following the arraignment and, during that conversation, respondent indicated that he would be willing to exchange legal services for sexual relations with the client. The client, however, replied in a noncommittal fashion and left the courthouse. Respondent admits that, over the next two days, he contacted the client by telephone or text message on several occasions, which prompted the client to report the matter to law enforcement officials. The client thereafter engaged respondent in two recorded telephone calls during which respondent agreed to represent the client on the prostitution charge in exchange for sexual relations with the client. Although respondent subsequently contacted the client to cancel the agreement, he was criminally charged and, on July 15, 2015, he entered a plea of guilty in Cheektowaga Town Court to one count of loitering for purposes of prostitution, in violation of Penal Law § 240.37 (2), a violation. Town Court sentenced him to a one-year conditional discharge and directed him to perform 50 hours of community service.

Mitigation

We have considered, in determining an appropriate sanction, respondent’s submissions in mitigation, including his statement that the misconduct occurred at a time when he was experiencing family difficulties and mental health issues for which he has since sought treatment. We have additionally considered his expression to this Court of extreme remorse, which we find to be sincere. Accordingly, after consideration of all of the factors in this matter, we conclude that respondent should be censured.

WKBW Buffalo reported on the plea. (Mike Frisch)