2015 Investigative Summary 1

Investigation of Alleged Failure to Comply with Federal Law; Misrepresentation; Failure to Competently and Diligently Represent the
Interests of the Client; Unprofessional Behavior

A DOJ attorney reported to OPR that in a case she was prosecuting, the court issued an order dismissing the indictment with prejudice for violation of the Speedy Trial Act. The court found that the DOJ attorney repeatedly failed to prepare a plea agreement as promised, and that she filed a stipulation for a continuance of the trial stating that defense counsel had consented to the continuance, when he had not.

OPR initiated an inquiry, which it later converted to an investigation. OPR concluded that the DOJ attorney committed professional misconduct by acting in reckless disregard of her obligation of diligence under the Rules of Professional Conduct, by failing to provide a proposed plea agreement to the defendant's attorney in a timely manner. OPR further concluded that the DOJ attorney acted in reckless disregard of her duty of candor to the court under the Rules of Professional Conduct by signing the defense attorney's name to a joint stipulation for continuance without that attorney's consent.

In addition, OPR concluded that the DOJ attorney committed professional misconduct by acting in reckless disregard of her duty of candor to the court by failing to inform the court that she had signed the defense attorney's name to the joint stipulation for continuance without that attorney's consent. Finally, OPR concluded that the DOJ attorney committed professional misconduct by acting in reckless disregard of her obligation to commence the trial within the statutory deadline. OPR referred its misconduct findings to the PMRU for its review.

The PMRU upheld OPR's findings of misconduct, suspended the DOJ attorney without pay for five days, and authorized OPR to notify the appropriate state bar of its findings.