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In re Roxborough6/7/2001
The Board also considers the serious acts of unadjudicated misconduct to which Bar Counsel and Petitioner stipulated. See 30-51 of Findings of Fact, above. Pursuant to current practice, Bar Counsel did not further prosecute these matters once the Court imposed a requirement in Roxborough I that Respondent demonstrate fitness before reinstatement. See, e.g., In re Herndon, 609 A.2d 682 (D.C. 1992)(per curiam). The Board concludes, as has the Court, that it is appropriate for the Court to consider such acts when considering a petition for reinstatement. In Herndon, the Court stated that misconduct adjudicated through the Board level could be considered at the time of a petition for reinstatement, although it imposed no separate sanction for those acts. Unadjudicated acts of misconduct should be considered as well. Board Rule 9.8. A reinstatement proceeding is like an admission proceeding, in which the Court is aided by any and all pertinent information about how Petitioner would conduct himself if reinstated to the bar. Certainly further past misconduct is highly relevant to that determination. Moreover, Petitioner has not objected to consideration of the unadjudicated acts of misconduct.
We also are aware, and cannot ignore, that Petitioner's lack of vigilance to the operation of his practice while he could not bring himself to face the impairments in his physical health, and his related mental health issues, created the circumstances in which Mr. Tillerson was able to tamper with client funds, creating very substantial harm to clients. The Hearing Committee found:
Mr. Roxborough's inability to manage his law firm finances during 1990 and 1991 and again in 1994 and 1995 led Bar Counsel to recommend the appointment of a practice monitor and an audit by a CPA. That appointment, in turn, led Mr. Roxborough's law partner to withdraw $300,000 from the firm's investment account to invest in a scheme to recoup other trust-account deficits of which Mr. Roxborough was unaware. That is, his inattention to law firm finances led, in part, to these present problems. Hearing Committee Report at 21.
We do recognize that Petitioner stipulated to these other acts, which is to his credit. The stipulations have saved the disciplinary system many hours of effort. We also note a fact that apparently has not surfaced on the record in the course of the disciplinary proceedings against Petitioner. Petitioner aided the effort to prosecute Mr. Tillerson, both in the disciplinary process and in the criminal justice system. Tr. II at 89-90. These efforts went to the extent of sneaking back into his office to take documents for Bar Counsel's use after Mr. Tillerson had the locks on the doors changed, with the result that he was shunned by the personnel remaining in the office. Id.
The overall scenario of the dissolution of Petitioner's practice and the attendant misconduct, however, is a very serious one. Petitioner has a high burden to show that he has presented clear and convincing evidence sufficient to establish the other Roundtree factors.
2. Petitioner's Recognition of the Seriousness of the Misconduct
Petitioner's assistance in the prosecution of Mr. Tillerson should not be understood as an effort to deflect responsibility for his own misconduct. To the contrary, at the hearing Petitioner could barely be suppressed from repeatedly describing his own shortcomings and errors. The Hearing Committee obviously was very taken with Petitioner's testimony in this regard.
Petitioner testified during the reinstatement hearing that the handling of the Madison matter (the subject of Roxborough I) had been his responsibility and that he had ne
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