Sticking It

A speedy resolution  by District of Columbia Hearing Committee No. Ten of a motion filed by Jeffrey Clark on Tuesday and denied three days later

Upon consideration of Respondent’s Motion to Dismiss on Grounds of Inconsistent Theories or, Alternatively, to Require the Office of Disciplinary Counsel (“ODC”) to Pick One Theory of Violation and Stick to It, seeking dismissal of the Specification of Charges or, in the alternative, an order directing Disciplinary Counsel to elect a single theory of prosecution, and Disciplinary Counsel’s Opposition thereto, it is hereby

ORDERED that Respondent’s motion is DENIED insofar as he seeks a dismissal of the Specification of Charges. See Board Rule 7.16(a); See also In re Stanton, 470 A.2d 281, 285 (D.C. 1983) (appended Board report) (once a Specification of Charges has been filed, “the underlying purposes of the Board require that we proceed directly to a hearing on the merits rather than being detoured into questions of pleading and form.”). It is further

ORDERED that the remainder of Respondent’s motion is DENIED without prejudice to his ability to reassert his contentions in his post-hearing brief.

Bring it on. (Mike Frisch)