“Graphic Language And Descriptions Of Sexual Activity”
The Tennessee Supreme Court has ordered reciprocal discipline based on this Colorado mater.
Saxon, a married attorney, hired an escort and then began a romantic relationship with her. Later, he physically assaulted and repeatedly emotionally harassed her in a course of conduct designed to control and humiliate her. After she ceased communication, he repaid her for her “coldness” by encouraging her to kill herself, despite knowing her history of mental illness; by threatening to expose her as a prostitute; and by threatening to have her criminally prosecuted. Then, unannounced, he appeared at her father’s home in rural Tennessee, where he knew she would be caring for her father after he had surgery. When she spurned this advance, he sent letters to her family members and classmates, disclosing her status as a prostitute, describing various sexual acts she performed with clients, and providing highly graphic nude photos of her. Through this conduct, Saxon violated Colo. RPC 8.4(b) (a lawyer shall not commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects) and Colo. RPC 8.4(h) (a lawyer shall not engage in any conduct that directly, intentionally, and wrongfully harms others and that adversely reflects on the lawyer’s fitness to practice law).
Saxon later violated a protective order that the same woman had obtained, leading to his conviction of a class-two misdemeanor. This conduct transgressed Colo. RPC 3.4(c) (a lawyer shall not knowingly disobey an obligation under the rules of a tribunal).
The Colorado findings have a warning
The Hearing Board notes at the outset that these factual findings may be disturbing to many readers because, among other things, they involve graphic language and descriptions of sexual activity. We include these facts below because we believe they are critical to understanding the nature of the misconduct here and the harm caused by that misconduct.
Forewarned is forearmed.
One notably nasty act was the attorney’s visit to the victim’s cancer-stricken father in rural Tennessee and then
John Dildine testified that he did not know his daughter had been working as a prostitute until he received Respondent’s letter. Although John Dildine did not open the attachments to the letter, Jason Dildine apparently did, since John Dildine recalls his son reporting that the attachments were “convincing.” Dildine had advised Ward that she might receive such a letter, so Ward took the envelope to Overton, who it appears Dildine had retained in early April. Ward did glance at the contents of the envelope at Overton’s suggestion. Before Ward learned about this letter, she had not known that Dildine was working as an escort.
Dildine’s own reaction on learning that Respondent had sent the letters to her family was, “that was it, I’m done, I’ll probably never talk to my mother again.” Contemplating her father’s reaction was “terrible, embarrassing, the worst thing ever.”
There was a dissent on sanction in Colorado
I believe, however, that the appropriate sanction here is suspension for two years, not three years. In my view, a three-year suspension is overly punitive. In arriving at that conclusion, I note that Respondent has no prior discipline, he has voluntarily ceased practicing law since he was terminated from his law firm, he is currently subject to a civil lawsuit for his misconduct, and his burden in seeking reinstatement will be heavy. Because disciplinary sanctions should be designed to provide an opportunity for rehabilitation rather than to punish an erring attorney, I believe a two-year suspension is the fitting sanction here.
The Tennessee supension also is for three years . (Mike Frisch)