Boundary Violations And Power Differentials: Ex-Police Officer Conditionally Admitted In Oregon
The Oregon Supreme Court has conditionally admitted a bar applicant, rejecting the adverse recommendation of a majority of its Board of Bar Examiners.
There is no dispute that, from 2009 to 2012, while working as a police officer, applicant engaged in inappropriate, unethical, and dishonest conduct that raises significant questions his moral character. Applicant admits that he inappropriately used the position of trust and authority performing his official duties. He also admits that he was dishonest with his employer about that conduct during an internal investigation. Applicant contends, however, that he has demonstrated sufficient reformation since leaving the police department to establish his current fitness to practice law. We are persuaded, and we conditionally admit applicant to the practice of law in Oregon.
The court described a pattern of misconduct that began in 2009 with a woman he had arrested on a warrant.
Applicant admits that he inappropriately used the position of trust and authority that he possessed as a police officer to pursue romantic and sexual relationships with vulnerable women whom he encountered while performing his official duties. He also admits that he was dishonest with his employer about that conduct during an internal investigation…
Between that 2009 incident and the end of 2012, applicant pursued numerous other women that he met in the course of his duties, many of whom had criminal records.
A police investigation began in 2012.
He was not candid in response and resigned.
Here
Applicant admits all of the above misconduct. The only allegations that he denies were made by JF, who had been an exotic dancer at a club in Springfield when applicant arrested her for driving under the influence of intoxicants (DUII) in 2009.
The board had relied on the J.F. allegations.
The applicant sought therapy after leaving the police department revealing
Those thinking patterns had included chauvinistic views and objectification of women. As a police officer, he was known to make crude comments about sex, and he admits that, at the time, he viewed sex as an opportunity to prove himself. Further, applicant was unfaithful in both marriages during his time as a police officer…
During his treatment with Dr. McDonald, applicant developed new personal and professional goals. He knew another former officer from the Springfield Police Department who had started law school and turned his life around after being similarly worn down by work as a police officer. Applicant applied to, and was accepted into, Willamette University College of Law to start in the fall of 2014.
The court discusses an issue of conduct in the admissions process but concludes
we are persuaded by the uniform opinion of the psychiatric experts that applicant’s past misconduct was not the product of a personality disorder or other enduring psychological condition—in other words, that reformation is possible. And we are persuaded by applicant’s many and varied character witnesses that he has accomplished the kind of transformation of attitudes, mental health, and behavior that make him an applicant who presently possesses the good moral character and fitness to become a member of the Oregon State Bar.
The court relied strongly on the support he received from his law firm employers.
Admission is subject to a number of conditions mental health treatment with 48 months of monitoring including
Within 30 days of the date of admission, applicant shall establish an ongoing relationship with a mental health treatment provider with experience addressing boundary violations and power differentials.
And
Applicant shall refrain from pursuing a sexual or romantic relationship with any current or former client
Oregon Live reported on the application. (Mike Frisch)
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