After The Rush

A 2011 Michigan conviction of an attorney has led to a recommendation for disbarment by the California State Bar Court Hearing Department.

The attorney had given out his telephone number claiming to seek employees to clean out apartments he owned in Flint. An unemployed 18-year-old responded and

Respondent offered Mr. B. an inhalant containing alkyl nitrites called Rush. Respondent told Mr. B. that Rush would get him high for a few minutes. Mr. B. inhaled some Rush,  which made him feel slightly lightheaded for a few minutes. After the Rush wore off, Mr. B. fell asleep on respondent’s sofa.

While Mr. B. was asleep, respondent unbuckled Mr. B’s belt, unzipped his zipper, folded Mr. B’s pants back, exposed Mr. B.’s penis through the opening in his underwear, and performed fellatio on Mr. B. While in the middle of the act, Mr. B. awoke and demanded that respondent drive him to his friend’s home.

On January 7, 2011, Mr. B. filed a police report with Officer Bove of the East Lansing Police Department against respondent for sexually assaulting him while he was asleep.

The victim

At the time respondent committed the misconduct against Mr. B., respondent was aware that Mr. B. was homeless, jobless, and financially destitute. To make Mr. B. feel safe, respondent offered him a warm place to spend time, food, and a few comfort items. In addition, Mr. B. was asleep and unable to defend himself from respondent when the misconduct occurred.

Mitigation

respondent has been a member of the State Bar of Michigan since 1980, and had 31 years of discipline-free practice in Michigan prior to the date of the misconduct. Respondent was employed as an assistant attorney general from 1984 through 2001 before opening a part-time solo practice.

Nonetheless, disbarment.

Notably, he was suspended for 180 days in Michigan. (MIke Frisch)