2013 Investigative Summary 9

Investigation of Alleged Lack of Candor;
Misrepresentation/Misleading the Court; Violation of DOJ Policy

A DOJ attorney self-reported to OPR that she lied to a magistrate judge’s secretary when submitting an application for a warrant to the magistrate judge for approval. In response to a question by the magistrate judge’s secretary, the DOJ attorney identified two supervisors who, according to the DOJ attorney, had reviewed and approved the application. After the magistrate judge’s secretary contacted one of the supervisors, the DOJ attorney acknowledged in an e-mail addressed to both supervisors that she had lied to the magistrate’s secretary when she stated that a supervisor had reviewed the warrant.

Based upon its investigation, OPR concluded that the DOJ attorney engaged in intentional professional misconduct by violating her duty of candor to the court and by engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. During its investigation, OPR determined that the DOJ attorney was aware that, at the magistrate judge’s direction, the secretary routinely conducted a preliminary review of all pleadings filed in cases assigned to the magistrate judge to ensure that the pleadings conformed to the magistrate judge’s requirements. The DOJ attorney also admitted that when she falsely identified the supervisors who had reviewed the warrant, she named supervisors whom she believed the secretary liked and respected because the DOJ attorney believed that using those names would make it more likely that the magistrate judge would sign the warrant.

During OPR’s investigation, the DOJ attorney admitted that she knew that applying for the warrant without first obtaining supervisory approval violated a supervisory review policy to which she was subject. Accordingly, OPR also concluded that the DOJ attorney engaged in intentional professional misconduct by violating the policy requiring her to submit all pleadings for supervisory review prior to filing them with the court.

OPR referred its findings to the PMRU; the DOJ attorney received a 14-day suspension. At the direction of the PMRU, OPR notified the appropriate state bar authorities of its finding of professional misconduct.