Thursday, March 23, 2017

A 180 day suspension with a condition imposed by a hearing panel was affirmed by the Michigan Attorney Discipline Board

This matter arises from a Consolidated Notice of Filing of Judgment of Conviction and Formal Complaint filed by the Grievance Administrator. The Judgment of Conviction was based on respondent's three misdemeanor convictions of two counts of disturbing the peace and assault and battery in a matter titled People v Alexander A. Melnikov, Oakland County Circuit Court Case No. 2015-253175-FH. The formal complaint was based on respondent's no contest plea to disorderly person in a matter titled People v Alexander A. Melnikov, 44th District Court Case No. 84152...

In this matter, the hearing panel's report clearly and precisely explains the panel's reasoning why they felt a suspension greater than even what the Grievance Administrator was requesting be imposed was appropriate in this matter:

On at least two separate occasions, respondent behaved in a grossly vulgar and antisocial manner. He did this by his own admission, when he was both severely intoxicated and when, according to his testimony, he was completely sober. (Tr 4/14/16, pp 21-22,24.) His conduct since being placed on probation for two separate crimes demonstrates clear evidence that he is unremorseful. His conduct the day of the hearing, both by his tardiness and remarkable lack of preparation, drew understandable comment from all of the panel members. Respondent himself has demonstrated highly questionable skills to allow for continuation in the practice of law without substantial discipline and oversight.

What a difference a day makes as an attorney suspended for 180 days or more must petition for reinstatement

[A] suspension longer than 179 days is appropriate in light of the number of applicable aggravating factors, which include a prior disciplinary offense (contractual probation); a pattern of misconduct; bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with the rules or orders of the disciplinary process; submission of false evidence, false statements or other deceptive practices during the disciplinary practice; and illegal conduct. (ABA Standards 9.22(a), (c), (e), (f), and (k), respectively.) (Report 7/28/16, p 5.)...

Consideration of these factors included respondent's failure to disclose to the Grievance Administrator and the panel that he was the subject of probation violation hearings in both underlying criminal matters and that it was because of one of those hearings, not simply an "appointment" that ran late, that respondent was late for his disciplinary hearing on April 14, 2016. Respondent presented no evidence, beyond his own testimony, of any applicable mitigation and the hearing panel found that no mitigating factors applied.

Thus

the Board is not persuaded that the hearing panel's decision to order a 180-day suspension, with a condition, was inappropriate.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2017/03/a-180-day-suspension-with-a-condition-imposed-by-a-hearing-panel-was-affirmed-by-the-michigan-attorney-discipline-board.html