Misdemeanor Conviction Draws Reciprocal Sanction

The South Carolina Supreme Court imposed reciprocal discipline based on a four month New York suspension

Respondent’s New York suspension was related to his pleading guilty to reckless assault in the third degree, a Class A misdemeanor in New York. The criminal charge arose from Respondent’s physical assault of the Complainant in his home after he drank excessively and “blacked out.” The Complainant suffered bruises on her neck, throat, ribcage, and both wrists; contusions on her head; and a scaphoid fracture. A special referee appointed by the New York Supreme Court found the Complainant’s assertions that she feared for her life during the attack were credible; Respondent’s actions “were aberrational and not in his character”; and Respondent’s deep remorse and acceptance of responsibility “were . . . palpable at  the hearing.” The special referee recommended Respondent receive a public censure. However, in light of the seriousness of Respondent’s conduct, the New York Supreme Court found “a period of suspension for such an assault [was] warranted in order to maintain the honor and integrity of the profession and deter others from similar misconduct.”

We find reciprocal suspension from the practice of law in South Carolina for four months is appropriate in this matter. We order the reciprocal suspension be imposed retroactively to March 5, 2020 (the date Respondent’s New York suspension commenced), and that his South Carolina suspension run concurrently with his New York suspension.

(Mike Frisch)