Justia Professional Malpractice & Ethics Opinion Summaries

The Kansas State Board of Healing Arts (Board) filed a formal disciplinary action against Dr. Amir Friedman that resulted in an order of the Board revoking Friedman's license to practice medicine and surgery in the state. The district court upheld the Board's order. Friedman appealed, raising several issues, including the question of whether the Board had jurisdiction to initiate a revocation proceeding after Friedman's license had expired. The Supreme Court affirmed, holding (1) the Board had jurisdiction to revoke Friedman's license because Friedman was practicing medicine under the authority of a license issued by the Board when he committed the misconduct at issue in the revocation proceeding; and (2) substantial evidence supported the administrative hearing officer's initial order and the Board's final order. View "Friedman v. State Bd. of Healing Arts" on Justia Law

The Mississippi Commission on Judicial Performance filed a formal complaint against Hancock County Justice Court Judge Tommy Carver. It alleged that Judge Carver had ex parte communication with Steven K. Roche about his pending criminal case; failed to disclose such ex parte communication to the prosecutor; dismissed the charges against Roche without a hearing and without any motion to dismiss by the prosecutor; and falsified court records by noting on the file that two witnesses, Officers Bryce Gex and John Grimsley of the Mississippi Department of Marine Resources Marine Patrol, were absent when Roche's case was called for trial. A three-member committee appointed by the Commission recommended that Judge Carver be suspended thirty days from office without pay, publicly reprimanded, and assessed costs. The Commission adopted the committee's findings. After conducting an independent inquiry of the record and giving careful consideration to the findings of fact and recommendations of the Commission, the Supreme Court ordered that Judge Carver be publicly reprimanded and assessed costs. View "Mississippi Commission on Judicial Performance v. Carver" on Justia Law

his matter came before the Supreme Court on the recommendation of the Judiciary Commission of Louisiana that respondent Judge Leo Boothe of the Seventh Judicial District Court, Parishes of Catahoula and Concordia, be removed from office and ordered to reimburse and pay the Commission for costs incurred in the investigation and prosecution of this case. The Commission determined that Judge Boothe violated Canons 1, 2A, 2B, 3A(1), 3A(6), and 3C of the Code of Judicial Conduct and engaged in willful conduct relating to his official duty and persistent and public conduct prejudicial to the administration of justice that brought his judicial office into disrepute, in violation of La. Const. art. V, sec. 25(C). After reviewing the record and the applicable law, the Court found that certain charges against Judge Boothe were proven by clear and convincing evidence; however, the Court rejected the recommendation that he be removed from office. The Court suspended the Judge from office for one year, without pay, and ordered him to reimburse and pay the Commission $11,731.79 in costs. View "In re: Judge Leo Boothe, Seventh Judicial District court Catahoula & Concordia Parishes" on Justia Law

After allegations of professional misconduct, the Board of Registration of Social Workers suspended Sandra Clark's license to practice as a licensed independent clinical social worker for five years. A single justice of the Supreme Court affirmed the Board's order. The Supreme Court affirmed the single justice's judgment, holding that the decision of the justice correctly rejected Clark's claims of error, as (1) Clark failed to demonstrate that the Board's decision to suspend her license was not supported by substantial evidence, or that it was arbitrary or capricious or based on any error of law; and (2) the Board's proceedings did not violate Clark's due process rights. View "Clark v. Bd. of Registration of Social Workers" on Justia Law

The Board of Licensure in Medicine revoked Petitioner's medical license. The superior court dismissed Petitioner's complaint seeking judicial review, concluding (1) it lacked subject matter jurisdiction to review the Board's decision because the district court had exclusive jurisdiction to review nonconsensual license-revocation orders pursuant to Me. Rev. Stat. 10, 8003(5); and (2) Petitioner's 42 U.S.C.S. 1983 claim should be dismissed because the Board members had authority to revoke her license and were immune from suit. The Supreme Court affirmed, holding (1) the superior court properly dismissed Petitioner's petition for review of the Board order revoking her license because the district court had exclusive jurisdiction in such matters; and (2) because the Board acted within its authority in revoking Petitioner's license and, on appeal, Petitioner did not otherwise assert a denial of her constitutional rights, Petitioner's section 1983 claim was properly dismissed. View "Michalowski v. Bd. of Licensure in Med." on Justia Law

Respondent Walter Martin was presiding over bond court when one of the defendants before him questioned the bond set. Respondent became upset with the defendant and asked the defendant whether he was calling respondent a liar. When the defendant responded, "[n]o, I'm not going anywhere," respondent replied, "[o]kay. Because I'll beat your ass if you call me a liar." Respondent immediately apologized to the defendant. The Office of Disciplinary Counsel (ODC) charged Respondent with misconduct. Respondent regretted his comment, and the parties entered into an Agreement for Discipline by Consent whereby Respondent admitted to the misconduct, and consented to the imposition of a public reprimand, admonition, or letter of caution. The Supreme Court accepted the Agreement and issued a public reprimand. View "In the Matter of Greenwood County Magistrate Walter Martin" on Justia Law

The issue before the Supreme Court was whether the Court of Judicial Discipline ("CJD") erred in permanently removing Lehigh County Magisterial District Judge MaryEsther S. Merlo ("Appellant") from judicial office. After careful consideration, the Court found the CJD's sanction was lawful under the circumstances of this case. With regard to Appellant's work habits, the CJD concluded her practice of repeatedly calling off and consistently arriving late constituted a violation of MDJ Rule 4C, and that her conduct was "so extreme as to bring the judicial office into disrepute," constituting a violation of Pa. Const. art. V, sec. 18(d)(1). The CJD further determined Appellant's repeated absences, repeated continuances, and failure to dispose of truancy cases and sign paperwork in a timely manner demonstrated that she did not devote the time necessary for the prompt and proper disposition of the business of her office, in violation of MDJ Rule 3A, and that she neglected and failed to perform the duties of her office, again in violation of Pa. Const. art. V, sec. 18(d)(1). Finally, the CJD concluded Appellant's conduct violated the mandate of MDJ Rule 5A that a magisterial district judge diligently discharge her administrative duties and facilitate the performance of the administrative responsibilities of her staff, noting that Appellant's conduct actually interfered with, rather than facilitated, her staff's performance of their responsibilities: "[i]t is beyond hypocritical for a judge who repeatedly fails to appear, or consistently appears late, for scheduled court proceedings to lecture and impose sanctions upon a juvenile who is appearing before the judge due to truancy issues. Such conduct undermines the very purpose of the proceedings and makes a mockery of the judicial system." The Supreme Court affirmed the decision of the CJD removing Appellant from judicial office and precluding her from holding judicial office in the future. View "In Re: Maryesther S. Merlo, Magisterial District Judge" on Justia Law

The Judicial Tenure Commission (JTC) recommended that the Supreme Court remove Respondent 22nd District Court Judge Sylvia A. James from office for judicial misconduct. Judge James filed a petition asking the Court to reject that recommendation. The evidence established that respondent misappropriated public funds, some of which were intended for victims of crime in the city of Inkster. She inappropriately spent much of this money on self-promoting advertisements and travel expenses for herself and various other court employees. She treated these funds, as the master phrased it, as her own "publicly funded private foundation." In addition, she: (1) denied people access to the court by instituting and enforcing an improper business-attire policy; (2) employed a family member in violation of court policy; and (3) made numerous misrepresentations of fact under oath during the investigation and hearing of this matter. The Court concluded that cumulative effect of respondent's misconduct, coupled with its duration, nature, and pervasiveness meant that respondent was unfit for judicial office. "Although some of her misconduct, considered in isolation, does not justify such a severe sanction, taken as a whole her misconduct rises to a level that requires her removal from office." Therefore, the Court adopted the recommendations of the JTC, except with respect to costs respondent will be ordered to pay, as would be detailed later. View "In re Hon. Sylvia James" on Justia Law

In this case the Supreme Court affirmed the judgment of the court of appeals denying the request by Appellant, Terrie Sizemore, a veterinarian, for a writ of mandamus to compel Appellee, the Ohio Veterinary Medical Licensing Board, to reissue a 2007 adjudication order finding her guilty of misconduct and imposing fines. Sizemore contended that the original order was not in compliance with Ohio Rev. Code 119.09, preventing her from pursuing an appeal. The Supreme Court affirmed the judgment, holding (1) because the Board dismissed the charges against Sizemore, the mandamus claim was moot; (2) the Board have any duty to reissue its prior adjudication order finding Sizemore guilty of misconduct; and (3) Sizemore had an adequate remedy by way of a motion for contempt to raise her claim that the board violated the court of appeals mandate to reissue its adjudication order. View "State ex rel. Sizemore v. Veterinary Med. Licensing Bd." on Justia Law

In 2008, Alaska's Board of Certified Real Estate Appraisers imposed professional sanctions on appraiser Appellee-Cross-Appellant Kim Wold for violations of the Uniform Standards of Professional Appraisal Practice (USPAP). The Board relied in large part on the views of a distinguished expert in Alaskan real estate appraisal who performed a "desk review" of Appelle's work. The expert concluded that the appraiser committed numerous violations of the USPAP. Though the Supreme Court reviewed the Board's findings with great deference, it concluded that none of the Board's findings of USPAP violations were supported by substantial evidence in light of the whole record. The Court thus affirmed the superior court's reversal of the Board's findings of USPAP violations, and reversed the single violation that the superior court affirmed. View "Dept. of Commerce & Economic Development v. Wold" on Justia Law