Opinion

In Re Stuart

  • 942 A.2d 1118
  • 2008 WL 320168
Court
District of Columbia Court of Appeals
Filed
Feb 7, 2008
Status
Published
Author
Nebeker
On the bench
Ruiz and Kramer, Associate Judges, and Nebeker, Senior Judge
Cited by
5 cases
Authority
More cited than 10.2%

fitness requirement is functionally equivalent to New York procedure where attorney is suspended until further order of court

How later courts described this case

  • fitness requirement is functionally equivalent to New York procedure where attorney is suspended until further order of court

Written by the judges who cited it.

The opinion

NEBEKER, Senior Judge,

dissenting:

As a public prosecutor, this man fraudulently and contemptuously violated his constitutional duty by failing to disclose Brady material he well knew he possessed and by lying to a trial judge in open court about it. In considering the appropriate discipline for such conduct, we must take into account the need to ensure and enhance public confidence in the prosecution of criminal offenses. In my view, this three-year suspension does not go far enough in that regard. I would, therefore, refer this matter back to our disciplinary authorities for proceedings leading to possible disbarment. See, e.g., In re Demos, 875 A.2d 636 (D.C.2005).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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