Clark Prosecution Update

It looks like a boatload of motions and orders in unredacted format have been posted on the cases of public interest link in the Jeffrey Clark prosecution. 

Among the documents is a hearing committee order recommending that the Board on Professional Responsibility deny a motion to delay the proceedings and rejecting his pre-hearing challenge to jurisdiction.

Disciplinary Counsel takes Respondent to task in opposing a motion to extend time to respond to the charges 

From the outset of this investigation, Mr. Clark has sought to stall this proceeding.

Of particular interest is the unredacted Hearing Committee report and recommendation posted on September 16 concluding that the matter should not be deferred pending the resolution of a subpoena enforcement action in the Court of Appeals and other travails of the Respondent.

An order of the Board denies as moot a motion to recuse a former member Matthew Kaiser.

The motion to recuse alleges that the bar investigation was initiated in response to a letter from Senator Richard Durbin and that notice of the charges were “blasted out to reporters by the Office of Disciplinary Counsel.”

And – for whatever it’s worth – no complaint was filed by the former President.

Recusal is generally appropriate when someone actually is sitting in judgment of a matter.

Also posted is the motion to dismiss prior to a hearing on jurisdictional grounds.(Mike Frisch)