Court to KY Lawyer/Alleged Rapist, You've Suffered Enough

Here's a disturbing story.  Kentucky lawyer, D. Keith Johnson (pic) allegedly raped a local woman but was able to plead down to a misdemeanor.  His sentence: 90 days house arrest with time off for the family va-kay....nice.  Here's Jim Hannah's account for the Cincinnati Enquirer: 

A Northern Kentucky lawyer charged with felony rape has pleaded guilty to a misdemeanor sex offense, angering the victim in the case.  D. Keith Johnson, 45, of Fort Mitchell pleaded guilty Friday in Campbell Circuit Court to the misdemeanor charge of sexual misconduct. Kentucky law states that someone is guilty of this crime when they engage in sexual intercourse without the other person's consent.

Judge Fred Stine sentenced Johnson to 90 days of house arrest, but the Newport lawyer will be allowed to take a summer vacation during that time.

"Talk about a slap on the wrist," said the victim's lawyer, Tad Thomas of Louisville. "He gets 90 days in his own home ... and he is allowed to take vacation in the middle of it. My client is outrage at this sentence."

Johnson was also ordered to pay $655 in fines and court costs, complete 100 hours of community service, have no contact with the victim, take substance abuse and mental health evaluations and complete any recommended treatment.

If Johnson violates any of the conditions of his sentence during the next 12 months, Stine could order Johnson to serve one year in prison. There is nothing in Stine's order that requires Johnson to attend any sex offender treatment or register as a sex offender.

"It is incredibly disappointing that he gets this sentence," Thomas said.

Johnson's attorney, former Campbell County Commonwealth's Attorney Jack Porter, didn't return calls seeking comment. Porter previously said his client, who is married with children, admitted to having a romantic encounter on Jan. 1 in Campbell County but that it was consensual.

Thomas said his client was agreeable to the reduced charge only if Johnson was sentenced to prison time. Thomas said his client would try to "seek justice" through a civil lawsuit.

Johnson's guilty plea and sentencing was moved to the Friday before the Fourth of July holiday weekend despite the fact that a court calendar posted on the Kentucky Court of Justice website listed Johnson's next hearing date for the Tuesday after the holiday [ . . . ]
Thomas said the special prosecutor assigned to the case, Fayette County Commonwealth's Attorney Ray Larson, notified his client that the hearing was last week but didn't inform her until after the fact that Johnson would get no jail time.

When asked whether he thought Johnson received favorable treatment because he has been a lawyer for more than 20 years in Northern Kentucky, Thomas said, "I don't know, but I'm very surprised at this sentence [ . ]"
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Maybe, Johnson didn't rape this lady.  Perhaps his plea deal was reluctantly entered into because of the significant legal peril how does this sentence make any sense.  What's left out my excerpt was that there was apparently something real shady about the scheduling of the hearing in a way in which it appears that the victim and her advocates were prevented from participating.  In short what happened, here, smells like special treatment. 

We shall see what the Ky Bar does with his license, probably not much since he took a misdemeanor.

NC Lawyer Gary B. Kivett's Quite a Character

The guy in the picture holding the rattlesnake is North Carolina attorney Gary B. Kivett. 

He's also the respondent to a North Carolina Bar Complaint for getting all touchy, feely, and intercourse-y with a number of his female clients.  In other words a real snake in the grass.

A colorful blawg item by Mike Frisch at the Legal Profession reports that the NC bar authorities are a little tired of Kivett's inappropriate relations with his female clients and in one case, the wife of a client  One charge relates to sex Kivett had with a client on Grandfather Mountain. 

I've said it over and over again:  Do not have sex with the client.  The client comes to a lawyer because they seek independent professional help while the client is in a legally vulnerable position of some sort.  Sex with the clients so completely compromises everything important about the trust relationship comprising the lawyer-client contract. 

DA Kratz is an Ass--Further Complaints, Removal Inevitable, Suspension to Follow?

According to the Wisconsin State Journal, this AM the DA Kratz harassment count is now at 4 women.  Expect District Attorney Kratz to be removed from his public position, and with this sort of situation his eventual suspension is now highly probable. 

I am at a loss as to what these Legal Lotharios think female clients want from them apart from competent and effective representation.

At the following link you can read an extraordinary letter from the Wisconsin Department of Justice concerning the Kratz investigation that went nowhere and the instructions by the DOJ to reopen the investigation.

"I Did Not Have Sex With That Woman!--uh, In the Courthouse"

The Des Moines Register has continuing coverage of the great Clovis Bowles, a lawyer who makes other lawyers cringe in disgust.  Here's the Register's account of the twists and turns in the disciplinary case pending against Bowles for sex with an emotionally disturbed criminal client:

"A Waterloo lawyer says allegations that he had sex with a client in an Iowa courthouse are 'completely baseless.' The Iowa Supreme Court’s Attorney Disciplinary Board alleges that Clovis M. Bowles, 56, had sexual relations with a 33-year-old female client on several occasions in 2007 and 2008.

Bowles was allegedly aware the client had a history of emotional problems and had hired him shortly after attempting suicide and checking herself into a psychiatric facility. The Grievance Commission of the Iowa Supreme Court is recommending that the court suspend Bowles’ law license for three years.  Bowles said Thursday he did have sex with his client, but the commission members erred when they implied that his client was performing oral sex on him in the Black Hawk County Courthouse’s law library when someone walked in and interrupted them.

'Those findings are completely baseless,'he said.

Bowles said he grabbed his client’s buttocks while ushering her into the law library where the conversation quickly veered from a legal proceeding that he was handling on her behalf to something that was sexual in nature. But, Bowles said, almost immediately someone walked into the law library. His client stood up and the two of them immediately left the library, he said. 'We weren’t in there more than 20 seconds,' he added.

The next day, Bowles allegedly represented the woman during a criminal court hearing.  Bowles said that at his recent disciplinary hearing, commission members asked him whether he and his client engaged in oral sex in the courthouse library.

'I asked them to define oral sex for me and they refused,' he said. 'So I denied it.'

Bowles said he fell in love with the woman shortly after she hired him as her attorney in August 2007. The two had sex in his office and, later, at her home, he said.  A few weeks later, the woman filed a formal ethics complaint against Bowles, outlining the dual nature of their relationship. Bowles contacted her a short time later and allegedly asked her how they could 'make this whole thing go away.'

Within days, the two were married. They divorced after just six weeks, with Bowles agreeing to pay her $200 per month in alimony.  Bowles said the couple divorced only because social workers were telling the woman she needed to demonstrate independence if she wanted to regain custody of her children. However, he said he also believes that the woman initially agreed to have sex with him as part of a conspiracy to blackmail him.

Bowles said he and the woman two have remained friendly although he has no plans to rekindle the romantic side of their relationship.

'She’s the greatest little cook in the world,' he said. 'But how many times do you urinate on an electric fence before you say, ‘God, this is not a good thing for me to do?’ '

The Grievance Commission’s recommendation is based in part on a finding that Bowles not only had sex with a client, but repeatedly lied about it to investigators when questioned. Bowles acknowledges both of those offenses, but says he regrets his actions. 'I had an affair with a client,' he said. 'And I lied when I denied it. I shouldn’t have, but I did.'"
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There's just so much to be said about Clovis Bowles, but I'll leave it unsaid.  What I want to know is how it is that the Iowa Disciplinary authorities think a 3 year suspension will render this guy's character fit to represent Iowans in the future? 

Do not screw the client, dammit.

North Carolina: Really Creepy Elderly Attorney Hits On Divorce Client

The North Carolina Disciplinary police are dinging Perry W. Martin for hitting on a divorce client during his representation of her.  Since Mr. Martin was admitted to the bar circa 1050 that  would make him about as old as Moses.  Here's the two-page opinion courtesy of the Legal Profession blawg.

According to the opinion, Martin asked his client what "each button" on her top would cost to unbutton, and he promised her that they would sexually explore everything they could think of, if she spent the night with him.  Of course, the answer to the first question was, his license.   By the way a quick look at Google came across the following comment from a former client, "he should have retired 30 years ago."

Do not screw the client.  Clients are vulnerable, especially divorce clients.  If as a young practitioner, and you don't think you can control your sexual impulses, choose another area of law.  Even the client who "thinks" she wants a romantic relationship with "irresistible you" will come to her senses and you, my friend can find yourself looking like a real jerk in the disciplinary docket. 

New Jersey "Boorish" Lawyer

The invaluable Legal Profession blawg reports on the opinion of the NJ Supreme Court suspending a lawyer for one year.  NJ must be a pretty tolerant state, because this guy has had several go rounds with the authorities in the past, mostly relating to client communication problems. 

David Witherspoon's client communication problems now include soliciting sex from his clients in exchange for proposed discounts on attorney fees or as the NJ Supreme Court calls it "attempted sexual bartering."  Mike Frisch at Legal Profession summarizes as follows:

The . . . charges involved allegations that [Witherspoon] offered discounted legal services or refunds to three female clients and the daughter of a fourth client 'in the context of suggestions that they perform certain acts with him or with other women while he watched.' He told one lesbian client that her lesbianism was caused 'by a bad experience with the male sexual organ,' that she was 'looking good,' and that he 'would return $600 of fees she had paid him if she joined him on the office couch.' He claimed that these and other similar comments were made in jest.


The attorney's explanation was rejected by a district ethics committee and the Disciplinary Review Board. The DRB proposed a three-month suspension with two dissenters favoring a six-month sit down. The court here took a sterner view, although the court majority concluded that disbarment was 'disproportionate...for his boorish, insensitive and offensive, but hardly criminal, conduct.'
Justice LaVecchia, joined by Justice Albin, would disbar: 'A zero-tolerance policy toward attorneys who prey on clients, whether financially or as [he] has done, is needed to protect the public and the reputation of the profession.'"
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You know where the Bad Lawyer comes down on the exploitation of clients.  Clients are vulnerable and easy prey, the lawyer/predator is not fit to practice law.

Stop Screwing the Client, Dammit!

Mike Frisch at the Legal Profession Blawg features the report of the suspenion of an Iowa attorney, William Ray Monroe (pic, from his website where he claims the hiring decison should not be based on advertising, alone--mmmmm) for having sex with his client.  Bravo!  Here, on Bad Lawyer, I've ranted and raved about the disciplinary tolerance for this sort of misconduct.  The logic of the Iowa Supremer Court in sustaining this suspension seems impeccable to me and is in my view applicable to all professioal-client realtionships.  This is from the Iowa Supremes decision:

"Clearly, [the attorney] needs a better understanding of his ethical obligations, the vulnerability of clients under the stress of a dissolution or facing criminal charges, and the impact a sexual relationship between him and his client has on his client and his own ability to professionally represent that client. Without this knowledge, [he] poses a risk to the public. We also note, however, that [he] has contributed a significant amount of time to the representation of clients on a pro bono basis. In addition, members of the bar and of the judiciary testified at the hearing that, other than the matter that brought [him] to the attention of the disciplinary authorities, he has practiced in an ethical fashion. Taking all of the pertinent factors into consideration, we concur in the commission’s recommendation that [his] license to practice law in this state be suspended for thirty days."
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According to Mike Frisch, "the court rejected the contention that a violation of the 'sex-with-client' rule establishes a per se violation of the 'conduct prejudicial to the administration of justice' prohibition."  On the down-side this character only received a 30 day suspension.

Flabby-Assed County Attorney Suspended

Well there is another account of an attorney alleging screwing the client and the disciplinary (this time in Iowa) authorities treating the offense as something less than the heinous act that it is.  Jesse Marzen drew an indefinite suspension not to exceed 6 months.  This elected official represented a mentally ill woman in his seperate private practice and according to her engaged in sexual realtions with her in lieu of attorney fees.  She described his buttocks as "flabby."

At the time the allegations surfaced, Marzen was in a race for Floyd County attorney which he won.  Marzen disclosed intimate and confidential information about his client to the media.  The Iowa disciplinary authorities sanctioned this guy for those disclosures but dismissed the sexual misconduct charges, as "not proved."  I linked the Iowas Supreme Court opinion and you can see for yourself why I think this guy got a huge break on the sexual misconduct charges. 

It is abundantly clear from the evidence that Marzen and the woman called "Jane Doe" in the Iowa Supreme Court opinion had a personal relationship.  She says Marzen had repeated sexual intercourse with her. 

She descirbes his buttocks and his unclothed appearance as being that of someone who has lost an enormous amount of weight and carrying skin folds around his waist and buttocks.  Marzen weighed 350 pounds in school and weighs half that now.   She also describes a mole on his back, which he admitted he has, but claims she "could have seen" at the town pool or while he was cutting his grass which he says he does shirtless.   Various witnesses claim to have seen him at her house, even exiting a bedroom with her.  She described the layout of his house in detail, but he denies that she waas ever in his home, but he acknowleges being in her home on several occasions, "purely business."

What is apparent, is that Marzen set himself up.  His accuser suffers from at least one diagnosed mental defect and Marzen handled his relationship with her in a way that invited the allegations which may be true, at least one of the hearing panel memebers thought the allegations were proved.  Iowa's Supeme Court found credibility "problems with both Marzen and Doe." 

In the end, Marzen's sanction came from telling a local television channel that his client had had a sexual relationship with a probation officer and that she did not pay his fee bill.  Both matters were subject to professional obligations to maintain confidentiality.  Mr. Marzen was throwing mud on his client to deflect her accusations because Marzen was in a political contest for County attorney.   Look, however you look at it, Jesse Marzen screwed his client.  His 6 month suspension is a trravesty.

Oh, and she is suing him. 

Let me repeat myself, don't screw the client!

Let's Get this Party Started! Oops. . .

I promise, this is the last post for today, but a bit of a miscreant-lawyer-theme is a running current at the Blawg and this story our of Minneapolis needs our attention.  Aaron F. Biber, see pic, like young boys.  The problem with raping young boys is that it is inconsistent with being president of the Minnesota State Bar Association which he "was in line to become"and a Super Lawyer which he listed himself as. 

The 46 year old lawyer, a partner at Gray, Plant and Moody of Minneapolis was trying to arrnage a second date with a boy he had raped previously, but the police were on the phone when he said,"let's get this party started,"  according to the Minneapolis Star Tribune.  According to the Star Trib Aaron Biber liked to rock the bow tie--and was readily noted for the look.

Cautionary style diktat note from the Bad Lawyer, lawyers who favor bow ties as Mr. Biber did, are making a statement.  Maybe it's just my bias, but I've never met a lawyer, other than law professors--who should wear a bow tie.  I think the statement made by the bow tie is--"I'm smarter than you and I don't give a shit if you know it, because I know it."  Uh, huh.

Source:  http://www.startribune.com/local/west/79238927.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUnciatkEP7DhUsl

What Assholes!

The Legal Profession Blawg brings attention to the story of Illinois divorce Attorney Dennis Shumacher who among other things, sexually assaulted a divorce client in his office.  This case is so upsetting, not because the behavior which in my mind is (an unprosecuted) crime, but because the Illinois Bar gives this piece of shit a one year suspension.   Here's what I want you to do, read the Legal Profession post and if you want, the opinion of the Illinois disciplinary authhorities which I've also linked and answer this question:  think this guy has been doing this to his female clients all along? 

http://lawprofessors.typepad.com/legal_profession/2009/12/an-illinois-hearing-board-has-recommended-a-one-year-suspension-based-on-findings-of-misconduct-involving-sexual-behavior-tow.html

and

https://www.iardc.org/07CH0020HB.html

Oh and, there's this guy, 83 year old Detroit, MI attorney, Murdoch Hertzog--suspended for a couple of months for soliciting sex in lieu of fees:

http://www.theoaklandpress.com/articles/2009/12/10/news/cops_and_courts/doc4b2100496edcb142339257.txt