Wednesday, May 10, 2017

The April 2017 quarterly report of the North Carolina Office of Counsel has a number of highlights

Joseph Lee Levinson - 16 DHC 11 Levinson, of Benson, pled guilty to the felony offense of conspiracy to obtain money in the custody of a bank by false pretenses by, among other devices, fabricating lease agreements to cause lenders to believe his client was purchasing houses as rental property when his client was actually purchasing the houses in which to grow marijuana for a large scale drug trafficking operation. The Chair of the DHC entered an order of interim suspension of his law license. Hearing has not been scheduled because he is in prison.

In re: Colleen Janssen (Wake County Superior Court). The Wake County Superior Court appointed the Office of Counsel to investigate and report to the court upon alleged professional misconduct of former Wake County assistant district attorney Colleen Janssen. The OOC submitted its report under seal on December 9, 2016. The court ordered Janssen to appear and show cause why the court should not impose professional discipline. After hearing on March 8- 10, the State Bar submitted a proposed order of discipline recommending that the court suspend Janssen for five years and permit her to seek a stay of the final three years upon compliance with conditions. The State Bar also recommended that Janssen receive credit toward service of the suspension for time she did not practice law after she resigned her position as assistant district attorney. On March 22, the court entered an order prohibiting Janssen from serving as prosecutor for any federal, state, county or municipal entity and prohibiting Janssen from practicing law in the employment of any federal, state, county, municipal or private entity or police agency providing legal advice or assistance to any law enforcement officers or law enforcement agencies. The court did not impose professional discipline.

Steven B. DeCillis – 12 DHC 25 & 17 BSR 2 In July 2013, the DHC found that DeCillis, formerly of Oxford and now of Charlotte, did all of the following simultaneously: sued L.H. in a personal injury case, represented L.H. in three matters that were unrelated to the personal injury case, and engaged in a sexual relationship with L.H. He was suspended for five years. After serving three years, DeCillis was eligible to apply for a stay of the remaining two years upon demonstrating his compliance with numerous conditions. DeCillis’s petition for stay was scheduled for hearing on April 28 but he withdrew the petition on April 10.

Suits against Bar employees include one against my erstwhile NOBC colleague Root Edmonson

David S. Harless v. Root Edmonson et al (US District Court for the Southern District of West Virginia). In 2005, David S. Harless was transferred to disability inactive status. Harless’ petitions for reinstatement to active status were denied in 2010 and 2012 because he did not demonstrate that he was no longer disabled. On December 21, 2016, Harliss filed a lawsuit in federal court in West Virginia against State Bar employees Root Edmonson and Jennifer Porter, among others. On January 4, 2017, the federal court dismissed the lawsuit on its own motion. The court characterized the complaint as “incoherent, fanciful ramblings which lack any arguable basis in law or fact.” The complaint had not been served on Edmonson or Porter. Harless did not appeal.

Loushanda Myers v. Krista Bennett, Fern Gunn Simeon, John Silverstein and unnamed “unknown agents of the North Carolina State Bar,” et al (US District Court, EDNC). Krista Bennett and Fern Gunn Simeon are State Bar employees. During some or all of the events alleged in the complaint, John Silverstein served as Chair of the Grievance Committee and is presently President Elect of the State Bar. Myers asserts that the State Bar defendants, the North Carolina court system, and numerous Johnston County government officials violated her rights. She does not describe the alleged violation with particularity but it appears to arise out of Myers’ arrest by Johnston County law enforcement officials. The court allowed the State Bar defendants’ motions to strike and to dismiss. Myers appealed to the Fourth Circuit Court of Appeals. The Fourth Circuit dismissed that appeal as interlocutory. On January 19, 2016, the Court dismissed Myers’ claims against the remaining defendants. Myers again appealed to the Fourth Circuit. On December 27, 2016, the Fourth Circuit dismissed her appeal. Her petition for en banc hearing by the Fourth Circuit was denied on February 28, 2017. Her time in which to petition the United States Supreme Court for certiorari has not expired. The Office of Counsel represents the State Bar defendants.

These quarterly summaries are a great way to evaluate the work of the disciplinary system. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2017/05/the-april-2017-quarterly-report-of-the-north-carolina-office-of-counsel.html