Opinion

In Re Hutchinson

  • 518 A.2d 995
Court
District of Columbia Court of Appeals
Filed
Dec 8, 1986
Status
Published
Author
Steadman
On the bench
Pryor, Terry, Steadman
Cited by
10 cases
Authority
More cited than 10.4%

The opinion

STEADMAN, Associate Judge,

concurring in part and dissenting in part:

I analyze the sanction question somewhat differently from the majority. I believe insufficient attention is given to the factor of potential consequences of the untruthful testimony. In In re Reback, 513 A.2d 226 (D.C.1986) (en banc), which the majority finds comparable to this case, we were careful to point out, in discussing the seriousness of the respondents’ untruthful conduct:

Indeed, no substantive harm presumably would have ensued even if the falsity of the signature on the new complaint had never come to light, since the facts *1004 stated therein were identical to those contained in the original complaint signed by the client. Of course, if respondents’ dishonesty had led to adverse consequences, even if temporary, or would have done so if undiscovered, that would put them at far greater risk of Severe discipline. Id. at 232 n. 5 (emphasis added).

Here, respondent lied to an official investigative body in order to shield himself and others from possible civil and criminal liability. His doing so, it is fair to assume, must have had at least temporary consequences in hindering the investigation and, if undiscovered, might have thwarted it altogether. I thus agree with the reasoning of the Board, quoted in the majority opinion, 1 underlying its recommendation for a one-year suspension, and I believe such a sanction not only could survive but would be consistent with our en banc holding in Reback .

What I am uncertain of is the degree to which the recommendation for a one-year suspension reflected the Board’s erroneous belief that respondent had also committed “statutory fraud.” Since I think that this court should be strongly inclined to “respect the Board’s sense of equity in these matters [of sanction] unless the exercise of judgment proves to be unreasonable,” In re Haupt, 422 A.2d 768, 771 (D.C.1980), I would remand to the Board for a new recommendation as to the appropriate sanction. '

. The Board also observed, in another part of the report: "Hutchinson's false statements were for one purpose only — to conceal unlawful activity engaged in by his friend, his friend's source, and himself.... However Hutchinson rationalized his conduct, the fact remains that its purpose was to impede an investigation into unlawful activity.”

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.