Withheld Judgments Lead To Stayed Suspension
The web page of the Idaho State Bar reports on a recent sanction
On May 20, 2016, the Idaho Supreme Court issued a Disciplinary Order suspending Boise attorney Lisa D. Shultz from the practice of law for a period of six (6) months, with all six (6) months withheld, and placing her on a disciplinary probation.
The Idaho Supreme Court found that Ms. Shultz violated Idaho Rule of Professional Conduct 8.4(b) [Commission of a criminal act that reflects adversely on a lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects]. The Idaho Supreme Court’s Disciplinary Order followed a stipulated resolution of an Idaho State Bar disciplinary proceeding and related to the following circumstances.
On October 17, 2014, Ms. Shultz was charged in Ada County with one misdemeanor count of using a telephone to disturb the peace, relating to her contact with a former legal intern. On March 16, 2015, Ms. Shultz pleaded guilty to an amended charge of disturbing the peace. The Court imposed a five-day jail sentence, entered a Withheld Judgment, and ordered Ms. Shultz to complete a two-year unsupervised probation with conditions requiring her to follow any Idaho State Bar recommendations. Also on March 16, 2015, Ms. Shultz entered guilty pleas in two unrelated cases to misdemeanor charges of possession of marijuana and possession of drug paraphernalia. In those cases, the Court entered a Withheld Judgment and ordered Ms. Shultz to complete a one-month unsupervised probation. The possession and paraphernalia charges were dismissed on April 30, 2015.
The Disciplinary Order provides that Ms. Shultz’s six-month suspension is withheld subject to the terms and conditions of her disciplinary probation, which runs through March 15, 2017. The terms and conditions of probation include: avoidance of any alcohol or drug-related traffic violations; a program of random urinalysis, with provision that if Ms. Shultz tests positive for alcohol or other tested substances or misses a random urinalysis test without prior approval, the entire withheld suspension shall be immediately imposed and served; and if Ms. Shultz admits or is found to have violated any of the Idaho Rules of Professional Conduct for which a public sanction is imposed for any conduct during her probationary period, regardless whether that admission or determination occurs after the expiration of the probationary period, the entire withheld suspension shall be imposed.
The withheld suspension does not limit Ms. Shultz’s eligibility to practice law.
(Mike Frisch)