Underage Sex And History Of Sanctions Gets Virginia Attorney Revoked
A rare bar discipline opinion of the Virginia Supreme Court affirmed the license revocation of a notorious attorney
A three-judge court found that Virginia attorney Joseph D. Morrissey violated Rules 5.1(b), 5.5(c), and 8.4(b) of the Virginia Rules of Professional Conduct. The judges concluded that these violations warranted the revocation of his license to practice law. Morrissey challenges this decision on a number of grounds.
The three judge court held a five day hearing
The charges related to Rules 5.1(b) and 5.5(c) stem from a court appearance by an associate of Morrissey’s law firm, Ericka Battle. The three-judge court’s memorandum opinion contains the following factual summary from the parties’ stipulated facts…
By letter, dated March 20, 2015, Respondent submitted an answer to the bar complaint candidly acknowledging that his associate had not been sworn in when he sent her to court. He noted that she had a third-year practice certificate, and that she had appeared in numerous criminal cases while serving as an intern at the Commonwealth’s Attorney’s office. Battle had second chaired dozens of cases with Respondent in court matters ranging from DUI to 1st degree murder.
Battle’s third-year practice certificate expired by operation of law when she passed the bar exam. (Rules of Court, Part 6, Section IV, Paragraph 15.c.l)
This high-profile allegation
The uncontested facts establish that Morrissey had sexual relations with a minor, Myrna Pride, who was seventeen years old at the time. Morrissey was fifty-five years old. The parties presented conflicting evidence concerning whether Morrissey knew Pride’s actual age. Morrissey and Pride later married. Morrissey entered a guilty plea pursuant to North Carolina v. Alford, 400 U.S. 25 (1970). He was convicted on December 12, 2014 of the crime of Contributing to the Delinquency of a Minor, in violation of Code § 18.2-371. He was sentenced to 12 months in jail with six months suspended for five years conditioned upon good behavior.
Bottom line
The judges concluded that these violations, in conjunction with Morrissey’s disciplinary history, warranted the revocation of his license to practice law.
The court sustained the findings of misconduct as to aiding unauthorized practice
Battle practiced law by appearing in court and representing a client of the firm in a criminal proceeding. She did so in violation of the regulation of the legal profession by appearing prior to her having taken the required oath. See Code § 54.1-3903. Morrissey either knew or should have known that Battle had not yet taken the oath. Battle testified that she told Morrissey that she needed to take time off to attend her swearing in on December 4, 2013. Without ensuring that she took the oath, he ordered her to appear in court on December 2, 2013. This evidence clearly and convincingly suffices to establish that Morrissey assisted another in appearing in court “in violation of the regulation of the legal profession in that jurisdiction,” thereby violating Rule 5.5(c).
And criminal sex
Here, the record indicates that Morrissey encouraged an underage girl to apply to his firm, knowing she was below the age of legal consent, and hired her as a receptionist. In short order, he engaged in a sexual relationship with her that began in the law office conference room. Despite his guilty plea, he tries to shift the blame to others. The facts in the record justify a finding by clear and convincing evidence that Morrissey’s violation of a criminal statute and the attendant circumstances call into question his honesty, trustworthiness, and fitness to practice law.
Sanction
we must weigh into the balance the long and notorious book of Morrissey’s disciplinary history – to which one more chapter has now been added. His disciplinary history consists of eight actions: three Dismissals with Terms, a Private Reprimand, a Public Reprimand, a Suspension of his license to practice law for six months, a Suspension of his license to practice law for three years, and the Revocation of his license to practice law in 2003. The three-judge court also admitted a Memorandum Opinion Order from the United States District Court, Eastern District of Virginia, which disbarred Morrissey from practicing law before that Court. This voluminous history establishes Morrissey’s chronic unwillingness to practice law in conformity with the rules that govern our profession. The sanction of revocation is fully justified.
We affirm the decision of the three-judge panel.
(Mike Frisch)