“Outrage[ous]”
The District of Columbia Ad Hoc Hearing Committee considering the case of three attorneys charged with frivolous election challenges in multiple jurisdictions has denied a motion regarding the presentation of evidence
Respondent Johnson wants what amounts to a bifurcated hearing, but the time for such a request was before the hearing began, not four days after it started. In any event, there is no basis in the Board Rules to require Disciplinary Counsel to present each element of a Rule violation in sequence; Hearing Committees do not consider cases piecemeal, and do not make interim findings regarding the proof of any particular issue in contention. At the conclusion of the evidentiary phase of this hearing, the Hearing Committee will make a preliminary non-binding decision whether Disciplinary Counsel has proven at least one Rule violation. See In re Speights, 173 A.3d 96, 109 (D.C. 2017); Board Rule 11.11.
Respondent Johnson contends that premature introduction of such evidence is prejudicial because it tends to provoke “outrage” among the Hearing Committee members, leading them to “find a way to link Respondents to the alleged wrongdoing, and hold them responsible.” At the conclusion of this proceeding, the Hearing Committee will prepare a report and recommendation that contains findings of fact that are supported by the Hearing Committeeís consideration of the evidence, without bias, prejudice or “outrage” for or against any of the participants in this proceeding.
Thus
ORDERED that Respondent Johnson’s Opposition to Disciplinary Counsel’s Motion to Admit Wholesale Groupings of Irrelevant Documents Contrary to Board Rule 11.3 is denied.
I doubt that Disciplinary Counsel styled a pleading as a “Motion to Admit Wholesale Groupings of Irrelevant Documents Contrary to Board Rule 11.3” and I was unable to locate such a motion in the filings. Par for the course.
Note: The hearing transcripts are posted. Bravo!
Link here, click on Cases of Public Interest and then In re Julia Haller et al. (Mike Frisch)