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).