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In re Roxborough6/7/2001
. Dr. Ratner expressed some doubt that Petitioner would undergo therapy. A year later, Petitioner began therapy with Dr. Smothers. Dr. Smothers diagnosed him as having a personality disorder (narcissistic with dependent features) and major depression. Dr. Smothers prescribed medications for the depression. By 1997, Petitioner's symptoms were in remission and Dr. Smothers discontinued the medications.
Dr. Smothers and Dr. Ratner both testified that they believe that Petitioner is fit to return to the practice of law. Dr. Smothers testified that Petitioner is better able now to cope with stress, although he recommends that Petitioner receive supportive therapy for six to eight months as he returns to law practice. Dr. Ratner reached a similar conclusion.
The Committee noted that Petitioner's testimony demonstrated his acceptance of his previous mental problems and showed his acceptance of the need to understand the sources of his own stress and to control them. He testified without contradiction to an improved relationship with his wife and to his own willingness to accept responsibility for his failings and to avoid circumstances that might trigger problems for him. The Committee found him to be candid and forthright about his own mental health issues and credited the testimony of the doctors about his rehabilitation.
Petitioner also suffered from glaucoma. In 1995, he underwent laser surgery to repair it but lost most of the vision in his left eye. He has moderate myopia in his right eye. He nonetheless has learned to cope with these vision problems by completing a training course at the Columbia Lighthouse for the Blind. He also has attended a program sponsored by the Maryland Department of Education for attorneys with vision problems. The Hearing Committee observed that, during the hearing, Petitioner read slowly but correctly from several of the exhibits. It concluded that "Mr. Roxborough recognizes his own limitations and has taken admirable steps to surmount them." Hearing Committee Report at 23.
Petitioner informed the Board that he intends to become general counsel to the Way of the Cross Church of Christ for a year upon reinstatement. Petitioner's Affidavit, Jan 2, 2001. Although evidence before the Hearing Committee showed that the Church has a Maryland address, Petitioner's Exhibit 7, Petitioner and the Church have assured the Board that the Church is incorporated and located in the District of Columbia, at 9th and D Streets, N.E. Petitioner's Affidavit, Jan. 2, 2001. Bar Counsel states that she has checked on the matters submitted in the supplemental materials offered to the Board and has noted no discrepancies. The Board notes that it is imperative that, if reinstated in the District of Columbia, Petitioner limit his practice to the District of Columbia unless and until he is reinstated elsewhere. (Petitioner testified that he applied for reinstatement in Maryland, but that disciplinary officials there told him to pursue a reinstatement petition here first. Tr. II 79-80.)
CONCLUSION
The Board concludes that this is a close case for reinstatement because of the seriousness of the original misconduct, all of which was related to Petitioner's practice, and the fact that restitution is incomplete. Nonetheless, the Board concludes that, on balance, Petitioner has established, by clear and convincing evidence, the five Roundtree factors.
The Board recommends reinstatement with the following conditions.
1) That Petitioner implement the restitution plan attached to this Report and Recommendation, and report his progress to Bar Counsel every six months;
2) That Petitioner continue his consultati
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