Out To Sea

The New York Appellate Division for the First Judicial Department accepted a joint request for a public censure

The parties stipulate that, between June 16, 2020, and July 27, 2021, respondent sent vulgar and harassing emails to members of the United States Merchant Marine Academy, which led the recipients to file a grievance against respondent. Between August 6 and 11, 2021, respondent sent harassing emails to members of the International Organization of Masters, Mates and Pilots (IOMMP) and National Labor Relations Board, which led to an IOMMP representative filing a criminal complaint against respondent in Maryland. On May 6, 2022, respondent sent several sexually explicit and profane emails to an attorney, who worked as an advisor to an administrative law judge, which led the recipient to file a grievance against respondent. On July 19, 2022, respondent sent two profane and harassing emails to the national president of the American Maritime Officers (AMO), and other AMO members, which led the recipients to file a grievance against respondent.

By petition of charges noticed March 15, 2024, petitioner Attorney Grievance Committee (AGC) alleged that respondent was guilty of professional misconduct because he sent harassing and profane emails to various attorneys and professionals in the maritime industry. The AGC and respondent now jointly move by notice dated April 18, 2024, under the Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.8 (a)(5), for discipline by consent, and request the imposition of a public censure.

Mitigation

The parties stipulate that, in mitigation, respondent has no prior disciplinary history, fully cooperated with the AGC’s investigation, and is remorseful for his conduct. Respondent also was not representing any of his legal clients at the time he sent the email. Respondent has several mental health issues and is participating in a monitoring program sponsored by the New York City Bar Association’s Lawyers Assistance Program. Respondent was also involved in “advocating for sexual assault victims in the maritime industry, contributing to significant reforms initiated by the [U.S.] Coast Guard and the [U.S.] Maritime Administration in handling allegations of maritime sexual abuse.

(Mike Frisch)