2024 Investigative Summary 4

INVESTIGATION OF ALLEGED FAILURE TO MAINTAIN ACTIVE BAR MEMBERSHIP AND MISREPRESENTATIONS

A non-career Department attorney in component leadership reported to OPR that he had a lapse of active bar membership the previous year and failed to timely report it to OPR.  OPR conducted an investigation and determined that the attorney had a lapse of active bar membership for approximately four and a half months and that the lapse resulted from the attorney intentionally changing his active bar status to an inactive status.  OPR also determined that the attorney made a misrepresentation to his licensing authority in order to obtain the inactive status.  Further, OPR determined that even though the attorney knew that he had experienced a lapse of active bar membership, he submitted an annual bar certification form to the Department in which he misrepresented that he had no lapse of active bar membership during the reporting period.

OPR concluded that the attorney committed professional misconduct by knowingly failing to continuously maintain an active bar membership in at least one state, a territory, or the District of Columbia in violation of the Department’s bar membership policy.  OPR also concluded that the attorney committed professional misconduct by making an intentional misrepresentation to the Department and a reckless misrepresentation to his licensing authority, in violation of the rules of professional conduct.  The matter is pending with the Office of the Deputy Attorney General.