Pt II-The Truth About Arkansas Supreme Ct-Day 10

This is still a wonderful day. This is the second time that I have taken much time and written my blog, only to have it disappear into thin air. I am disappointed but I must move forward regardless.

With that said, I will continue today with discussing the structure of the Arkansas Supreme Court's Committe on Professional Conduct.

The formation of the Arkansas Supreme Court Committee on Professional Responsibility is inclusive of an Executive Director, an assistant director, investigators and other support staff. Committee members are appointed by the Supreme Court Justices. Most of the staff, including but not limited to the Executive Director, have exclusively been held by caucasians.

You should begin to see a visible picture of some of the challenges faced by African American Attorneys, who challenged the status quo. We were penalized and retaliated against when we challenged the powers that be. The Executive Director has the exclusive authority to ascertain if an offense and/or violation of the rules have occurred. He has unfettered judgment and authority. He is the sole source of ascertaining a violation of the rules. His opinions are absolute.

Many African American Attorneys lost their law license and/or were sanctioned for menial offenses, to ensure that our reputations and legal records were tainted. These are facts which can not be disputed.

The Committee:

Authority; Powers.
(1) The Committee, through its panels, shall have, and is hereby granted, authority to impose any sanctions deemed appropriate as provided in Section 7 (Procedure), Section 17 (Sanctions), and Section 18 (Fines, Costs, and Restitution).
(2) The Committee, through its panels, is hereby authorized to take action by written ballot subject to the requirements and limitations set out in Section 10 of these Procedures.
(3) The Committee, through its panels, is authorized to conduct hearings at either:
(a) The request of the panel; or
(b) The request of the respondent attorney after written ballots are taken.
(4) The Committee is authorized to hold meetings to conduct the business of the Committee which consists of, but is not limited to, the election of officers, the determination of pending complaints, and such administrative matters as required.
(5) The Committee shall have the authority to employ, with the consent of the Supreme Court, an Executive Director who will not be a member of the Committee, and shall not have a vote on any matter presented to the Committee for decision. The Committee, acting through its Chairperson, may temporarily employ or designate from the staff attorneys of the Office of Professional Conduct an acting Executive Director in any case in which the Executive Director or the Senior Staff Attorney (pursuant to Section 5(D)(3)) is unable to act, or recuses, or disqualifies.
(6) The Committee shall maintain a permanent office under the supervision of the Executive Director for the conduct of its business and the maintenance of the various records of the Committee.

NOTE:

Immunity. The Committee, its individual members, Executive Director and employees and agents of the Committee are absolutely immune from suit or action for their activities in discharge of their duties hereunder to the full extent of judicial immunity in Arkansas.


SECTION 4. COMMITTEE PANELS.

A. General. The Committee may delegate to panels composed of less than the full membership of the Committee the power to act for the Committee in discharging the powers and duties hereunder. Specifically, the Chairperson of the Committee shall appoint seven-member hearing panels. The Chairperson of the Committee shall also (i) establish the rotation by which members are assigned to panels, (ii) establish the rotation by which panels are assigned complaints; and (iii) designate the chairs for panels.
B. Appointment. Each panel shall consist of five lawyer-members of the Committee and two non-lawyers. A lawyer member of each panel shall be appointed its chair by the Chairperson of the Committee. A panel member whose term has expired may continue to serve on any case that was commenced before the expiration of the member's term. Five members shall constitute a quorum. The panel shall act only with the concurrence of at least four members. Reserve members may be appointed to serve on a panel pursuant to Section 3(A)(3).
C. Powers and Duties. Panels shall have the following powers and duties:
(1) To conduct proceedings during the ballot phase concerning formal complaints of misconduct, petitions for reinstatement, and petitions for transfer to and from disability inactive status;
(2) To conduct hearings;
(3) To adopt written findings of fact, conclusions of law, and recommendations prepared with the administrative assistance of the Office of Professional Conduct; and
(4) To discharge other duties imposed by these Procedures.



SECTION 19. FACTORS TO BE CONSIDERED IN IMPOSING SANCTIONS.
In addition to any other considerations permitted by these Procedures, a panel of the Committee, in imposing any sanctions, shall consider:
A. The nature and degree of the misconduct for which the lawyer is being sanctioned.
B. The seriousness and circumstances surrounding the misconduct.
C. The loss or damage to clients.
D. The damage to the profession.
E. The assurance that those who seek legal services in the future will be protected from the type of misconduct found.
F. The profit to the lawyer.
G. The avoidance of repetition.
H. Whether the misconduct was deliberate, intentional or negligent.
I. The deterrent effect on others.
J. The maintenance of respect for the legal profession.
K. The conduct of the lawyer during the course of the Committee action.
L. The lawyer's prior disciplinary record, to include warnings.
M. Matters offered by the lawyer in mitigation or extenuation except that a claim of disability or impairment resulting from the use of alcohol or drugs may not be considered unless the lawyer demonstrates that he or she is successfully pursuing in good faith a program of recovery.

Absolute power corrupts absolutely.

Have a wonderful day.

L. for Love