Justia Professional Malpractice & Ethics Opinion Summaries

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

David Bunch, a real estate appraiser holding a license issued by the West Virginia Real Estate Licensing and Certification Board, filed a petition for a writ of prohibition in the Circuit Court of Cabell County seeking to halt an administrative disciplinary proceeding initiated against him. The Board filed a motion to dismiss, arguing that it was a state agency, and, pursuant to W. Va. Code 14-2-2(a)(1), venue for the action was proper only in the Circuit Court of Kanawha County. The circuit court denied the motion, concluding that it was unclear whether the Board was a “state agency” for purposes of the venue statute. The Supreme Court granted the requested writ, holding that the Board is a state agency entitled to the special venue provisions of section 14-2-2(a)(1), and therefore, the circuit court erred when it allowed the action to proceed in the Circuit Court of Cabell County. View "State ex rel. W. Va. Real Estate Licensing & Cert. Bd. v. Hon. Christopher D. Chiles" on Justia Law

Respondent R. Eric Bloomfield, DVM, appealed a decision of the New Hampshire Board of Veterinary Medicine which reprimanded respondent based upon its findings that he failed to do a physical examination of a puppy prior to demonstrating a restraint technique, that his restraint of the puppy was excessive, and that he failed to respect the opinion of the puppy's owners. A couple took their five-month old puppy to respondent for a routine checkup. Respondent determined that the male puppy was "dominant" and proceeded to demonstrate a dominance-submission technique, which included picking the dog up by the scruff of the neck and pinching his snout. The dog responded by urinating on the examination table, then defecating, struggling briefly, then laid still. The dog was pronounced dead later that day. The couple filed a formal complaint against respondent regarding his treatment of their puppy. The Board found that respondent did not engage in misconduct, but that he failed to respect the couple's opinion to demonstrate the submission technique. On appeal, respondent argued that the evidence did not support the Board’s finding that he failed to do a physical examination of the puppy prior to demonstrating a restraint technique, and that his restraint of the puppy "was excessive, especially given the breed." He also argued that RSA 332-B:14, II(c) was "impermissibly vague," and, therefore, violates his procedural due process rights. Finally, he argued that the Board erred by not requiring expert testimony on the standard of care. Finding no reversible error, the Supreme Court affirmed. View "In the Matter of R. Eric Bloomfield, DVM " on Justia Law

On February 14, 2013, the Attorney General received an ethics complaint, alleging possible violations of the Ethics Act by the Speaker of the House of Representatives, Robert W. Harrell, Jr. The complaint was originally submitted by a private citizen to the House Legislative Ethics Committee. That same day, the Attorney General forwarded the complaint to South Carolina Law Enforcement Division (SLED), and SLED carried out a 10-month criminal investigation into the matter. At the conclusion of the investigation, the Chief of SLED and the Attorney General petitioned the presiding judge of the state grand jury to impanel the state grand jury on January 13, 2014. Acting presiding judge of the state grand jury, the Honorable L. Casey Manning, subsequently impaneled the state grand jury. On February 24, 2014, the Speaker filed a motion to disqualify the Attorney General from participating in the grand jury investigation. On March 21, 2014, a hearing was held on the motion after which the court sua sponte raised the issue of subject matter jurisdiction. Another hearing was held, and the court found, as presiding judge of the state grand jury, it lacked subject matter jurisdiction to hear any matter arising from the Ethics Act, and refused to reach the issue of disqualification. The court discharged the grand jury and ordered the Attorney General to cease his criminal investigation. The Attorney General appealed that order to the Supreme Court. After its review, the Supreme Court concluded the circuit court erred in concluding that the House Ethics Committee had exclusive jurisdiction over the original complaint. While the crime of public corruption could include violations of the Ethics Act, the state grand jury's jurisdiction is confined to the purposes set forth in the constitution and the state grand jury statute, as circumscribed by the impaneling order. While the Court reversed the circuit court's order, it "in no way suggest[ed] that it was error for the presiding judge to inquire whether the state grand jury was 'conducting investigative activity within its jurisdiction or proper investigative activity.'" The case was remanded for a decision on whether the Attorney General should have been disqualified from participating in the state grand jury proceedings. View "Harrell v. Attorney General of South Carolina" on Justia Law

The Certified Professional Guardianship Board (Board) has petitioned the Supreme Court to suspend guardian Lori Petersen for actions stemming from her guardianship of D.S. and J.S. Petersen has been a certified professional guardian since 2001. She owned and operated Empire Care and Guardianship, a large agency serving over 60 wards. From December 2009 until April 2010, the Board received a number of grievances and complaints regarding Petersen's treatment of three wards who were all, at one point, housed at Peterson Place, an adult family home. Petersen contended that suspension was improper and suggested:(1) the Board ran afoul of separation of powers principles; (2) violated the appearance of fairness doctrine; (3) impermissibly lowered the evidentiary standard; and (4) failed to consider the proportionality of the sanction. The Supreme Court agreed with Petersen as to her last contention: "She has questioned, albeit obliquely, the proportionality of the sanction, and so the Board should have considered the sanction's magnitude relative to those imposed in other cases. Accordingly, we remand to the Board to conduct a consistency analysis pursuant to its internal regulations" and the Court's opinion. View "In re Disciplinary Proceeding Against Petersen" on Justia Law

The Judicial Tenure Commission (JTC) filed a formal complaint against Wayne Circuit Court Judge Bruce Morrow, alleging 10 counts of judicial misconduct that arose out of criminal cases over which he had presided. After hearing argument on objections to the master’s report, a majority of the JTC concluded that the evidence established judicial misconduct in eight of the ten allegations and recommended that respondent be suspended for 90 days without pay. After review of the entire record and due consideration of the parties’ arguments, the Supreme Court agreed with the JTC’s conclusion that respondent committed judicial misconduct, but the Court was not persuaded that the recommended sanction was appropriate in this case. Instead, the Court held that a 60-day suspension without pay was proportionate to the body of judicial misconduct established by the record. View "In re Hon. Bruce Morrow" on Justia Law

Appellant, a Kentucky-licensed land surveyor, testified as a trial expert on behalf of defendants in a quiet-title action in circuit court. The trial court eventually ruled in favor of the plaintiffs. Alleging that Appellant gave misleading and inaccurate trial testimony during the trial, the Kentucky State Board of Licensure for Professional Engineers and Land Surveyors initiated disciplinary proceedings against Appellant. The Board ultimately suspended Plaintiff’s surveyor’s license, concluding that Plaintiff’s expert witness performance violated professional standards. Appellant sought judicial review. The Supreme Court held (1) a number of the statutes and regulations enforced by the Board against Appellant were impermissibly vague as applied to him; and (2) the Board’s decision to discipline Appellant was supported by substantial evidence. Remanded to the Board for reconsideration of Appellant’s sanction. View "Curd v. Ky. State Bd. of Licensure for Prof’l Eng’rs & Land Surveyors" on Justia Law

Dr. Obteen Nassiri owned and operated a chiropractic practice and employed Dr. Edward Johnson as a chiropractic physician. Both Appellants were licensed chiropractic physicians in Nevada at the time. Responding to allegations of unprofessional conduct, the Chiropractic Physicians’ Board of Nevada filed complaints for disciplinary action against Appellants. After an adjudicative hearing, the Board found Appellants had committed professional misconduct, revoked Nassiri’s license and mandated that Nassiri could not own any interest in a chiropractic practice until his license was restored, and suspended Johnson’s license for one year with conditions. On review, the district court entered judgment against Appellants. On appeal, Appellants argued that the Board improperly used a substantial evidence standard of proof to determine that Appellants committed professional misconduct. The Supreme Court affirmed, holding (1) in the absence of a specific statutory mandate, agencies generally must utilize, at a minimum, the preponderance-of-the-evidence standard in adjudicative hearings as a standard of proof; and (2) because the Board applied at least the preponderance-of-the-evidence standard in this case, the Board did not err in finding that Appellants committed violations warranting professional discipline. View "Nassiri v. Chiropractic Physicians' Bd." on Justia Law

Appellant was terminated from his employment as a registered nurse at a community hospital after a patient under Appellant’s care departed from the hospital, unescorted, into blizzard-like conditions and died less than 500 feet from the hospital’s entrance. After a two-day disciplinary hearing, the State Board of Nursing found Appellant violated several statutes and Board rules and revoked Appellant’s professional nursing license for two years. Appellant subsequently filed a petition for de novo judicial review in the district court. The district court concluded that it would not rehear the evidence presented to the Board and, after finding “competent evidence” on the record to support the Board’s findings, affirmed the Board’s decision to revoke Appellant’s license. The Supreme Court vacated the district court’s judgment, holding that the court erred in its interpretation and application of “de novo judicial review.” Remanded. View "Zablotny v. State Bd. of Nursing" on Justia Law