Justia Professional Malpractice & Ethics Opinion Summaries

Petitioner, who worked as a registered nurse at a Hospital, was terminated for allegedly violating the Hospital’s narcotic waste policies. Petitioner self-reported her termination to the West Virginia Board of Registered Professional Nurses. The Board issued a notice of complaint on April 2, 2013. On August 14, 2013, the Board issued an interim status report to the Hospital. A hearing was eventually set for January 20, 2015 but was continued until February 19, 2015. Petitioner filed this petition for a writ of prohibition asserting that the Board’s failure to resolve the complaint against her within one year from the date of the status report pursuant to W. Va. Code 30-1-5(c) divested it of jurisdiction to proceed on the complaint. The Supreme Court granted Petitioner’s requested relief, holding that the Board exceeded its jurisdiction in this case by failing to comply with the statutory mandates of section 30-1-5(c). View "State ex rel. Miles v. W. Va. Bd. of Registered Prof’l Nurses" on Justia Law

Through the adoption of Nev. Rev. Stat. 630.356(2), the Legislature gave physicians the right to contest and the district courts the power to review final decisions of the Nevada State Board of Medical Examiners. In this case, the Board suspended the license of Appellant, a surgeon licensed in Nevada, for rendering services to a patient while under the influence of alcohol and in an impaired condition. The Board also issued a public reprimand and imposed additional sanctions. Appellant petitioned for judicial review of the Board’s decision and requested a preliminary injunction to stay the sanctions and prevent the Board, while judicial review was pending, from filing a report with the National Practitioner Data Bank. The district court denied Appellant’s injunction request, concluding that section 630.356(2), which prohibits district courts from entering a stay of the Board’s decision pending judicial review, precluded such an action. The Supreme Court reversed, holding that section 630.356(2) impermissibly acts as a legislative encroachment on the district court’s power to do what is reasonably necessary to administer justice, and this is a violation of the separation of powers doctrine. View "Tate v. State Bd. of Med. Exam'rs" on Justia Law

Mark Colafranceschi brought this action for defamation and professional malpractice against Shawn Briley and Ashley Robinson after a magistrate court appointed Robinson to perform child custody evaluations in two separate cases in which Colafranceschi was a party. Colafranceschi was the plaintiff in two actions against the mothers of his children. Robinson was a licensed masters social worker. Briley was a licensed clinical social worker and was Robinson’s supervisor. In both reports in the two cases, Robinson's evaluations (as Colafranceschi's claim suggested) "did not cast him in a positive light." The district court dismissed the action, finding that quasi-judicial immunity barred Colafranceschi’s claims. Finding no reversible error, the Supreme Court affirmed. View "Colafranceschi v. Briley" on Justia Law

"This is a case of egregious attorney misconduct." Because of the cumulative effect of the attorney's misconduct, the Court of Appeal felt compelled to reverse the judgment she obtained on behalf of her client, Caltrans. "While Judge Di Cesare showed the patience of Job – usually a virtue in a judge – that patience here had the effect of favoring one side over the other. He allowed [the attorney] to emphasize irrelevant and inflammatory points concerning the plaintiff's character so often that he effectively gave CalTrans an unfair advantage." View "Martinez v. Dept. of Transportation" on Justia Law

Richard Pines, D.O. appealed the district court’s decision on a disciplinary order of the Idaho Board of Medicine. The Board brought disciplinary proceedings against Pines following reports that he had induced young men into sexual contact by saying he was required to give full-body massages to naked practice patients in order to be relicensed as a doctor of osteopathy. Following a hearing, the Board found Pines committed four counts of professional misconduct. It revoked Pines’ license and ordered that he pay costs and attorney fees. The district court affirmed the four counts of misconduct but vacated the award of costs and attorney fees. Pines appealed and the Board cross-appealed. Before the Supreme Court, Pines argued: (1) that he was disciplined for uncharged conduct, resulting in a violation of his due process rights; (2) that evidence in the record was insufficient to support certain alleged violations made against him; (3) that as applied, his due process rights were violated by the Board's conclusion that four individuals were Pines' patients. The Board argued that the district court erred in vacating the Board's order on attorney fees and costs. Upon review of the record, the Supreme Court found that two of the "patients" were not, indeed, Pines' patients, and that Pines' due process rights were not violated. The Court affirmed the Board's decision on Counts I and II, but vacated the district court's decision on Counts III and V (which pertained to the two "patients"). The case was remanded for further proceedings, including additional consideration of the issue of costs and fees. View "Pines v. Idaho Board of Medicine" on Justia Law

This matter comes before the court on the recommendation of the Judiciary Commission of Louisiana that Judge Sheva M. Sims of the Shreveport City Court, Caddo Parish, be suspended without pay for 90 days and ordered to reimburse the Commission's costs. The charge arose from an incident that occurred between Judge Sims and an assistant city prosecutor, Katherine Gilmer, on April 24, 2012, wherein Judge Sims stated that Ms. Gilmer was “held in contempt” of court and then ordered the dismissal of fifteen criminal cases on the docket that day. After reviewing the record and applicable law, the Supreme Court found that the charge against Judge Sims was supported by clear and convincing evidence. However, the Court rejected the recommended discipline and instead ordered Judge Sims be suspended without pay for a period of 30 days. Furthermore, the Court ordered Judge Sims to reimburse the Commission’s costs incurred relative to its investigation and prosecution of this case. View "In re: Judge Sheva M. Sims, Shreveport City Court, Caddo Parish" on Justia Law

In March 2011, the Chief Judge of the Clayton Judicial Circuit, at the request of the Clayton County District Attorney, issued an order authorizing the impaneling of a special purpose grand jury to investigate certain alleged public corruption. The special purpose grand jury issued subpoenas to various witnesses, including appellee John Lampl, who testified before it in June 2011. In July 2011, the special purpose grand jury returned a 16-count bill of indictment against Lampl on charges of conspiracy in restraint of free and open competition, false statements and writings, and perjury. The indictment was subsequently nolle prossed in the aftermath of the Court of Appeals’ holding in "Kenerly v. Georgia," (715 SE2d 688) (2011)), that the authority of a special purpose grand jury is limited to conducting investigations and does not include the power to issue indictments. Shortly thereafter, in September 2011, Lampl was indicted by a regular Clayton County grand jury on eight counts, including one perjury count, similar to those charged in the special purpose grand jury’s initial indictment. The conspiracy and false statements counts all pertain to alleged conduct by Lampl in his capacity as City Manager for the City of Morrow, in connection with a City real estate development project known as "Olde Towne Morrow." The Georgia Supreme Court granted the State’s petition for a writ of certiorari in this case to determine whether the Court of Appeals properly affirmed the superior court’s order dismissing a particular count of the indictment and suppressing statements made by the defendant before the special purpose grand jury. While the Supreme Court agreed with the superior court’s conclusion that the special purpose grand jury exceeded the scope of its authority in its investigation, the Court held that the relief granted was improper. The Court therefore reversed. View "Georgia v. Lampl" on Justia Law

Idaho's Bureau of Occupational Licenses (Bureau) investigated and initiated disciplinary proceedings against petitioner-appellant Timothy Williams after it received complaints that he had engaged in various forms of professional misconduct as a licensed real estate appraiser. Ultimately, Idaho's Board of Real Estate Appraisers (Board) revoked Williams' license, imposed $4,000 in fines, and required Williams to pay the Board's attorney fees and costs. The district court, acting in an appellate capacity, affirmed the Board's decision to revoke Williams' license and to impose fines, but reversed the Board's order that Williams pay its attorney fees and costs. Williams appealed and the Board cross-appealed. Finding no reversible error, the Supreme Court affirmed the district court. View "Williams v. Idaho State Board of Real Estate Appraisers" on Justia Law

Petitioner was fired from her job at the Indiana Department of Workforce Development for alleged misconduct. After it was discovered that Petitioner kept several items of state property in her possession, Petitioner was charged with theft. The charges were later dismissed. Thereafter, the State filed an ethics proceeding against Petitioner, alleging that she violated 42 Ind. Admin. Code 1-5-12. After an adjudicative hearing, the Indiana State Ethics Commission found that Petitioner did commit the alleged violation and barred her from future State executive branch employment. The Supreme Court affirmed the Commission’s decision, holding (1) double jeopardy did not bar the proceeding before the Commission, and the criminal court’s probable cause determination was not binding upon the Commission; (2) there was sufficient evidence to support the Commission’s determination; and (3) the sanction imposed in this case was within the Commission’s discretion. View "Ind. State Ethics Comm’n v. Sanchez" on Justia Law

This was an interlocutory appeal of superior court decision, on appeal from a decision of an appellate officer, remanding this disciplinary case to the Board of Nursing to determine whether the Board intended that the case be continued. The central question for the Supreme Court's review was whether an attorney for the Office of Professional Regulation (OPR) within the office of the Vermont Secretary of State has the power to appeal a Board of Nursing decision vacating an earlier consent order suspending from practice appellee, David Shaddy. The Court concluded that the attorney had this power and reinstated the decision of the appellate officer. View "Shaddy v. State of Vermont Office of Professional Regulation" on Justia Law