- Administration of justice prejudiced by secret tape of judge’s meeting
- Mitigating factors allowed public censure instead of suspension
An attorney was publicly censured by the New York Supreme Court, Appellate Division, Oct. 30 for secretly taping a meeting with the judge handling his contentious divorce.
David Schorr was found guilty of violating New York Rule of Professional Conduct 8.4(d), which prohibits conduct that is prejudicial to the administration of justice, the per curiam opinion said.
During the course of the divorce proceedings, Schorr, who represented himself, engaged in a pattern of misconduct, including accusing the judge of perjury, bringing a meritless suit against the child psychologist assigned to the case, and trying to humiliate opposing counsel online, the court said.
But at the time, Schorr had little experience, the court said. Since then, he has acknowledged the wrongfulness of his conduct and shown himself to be “a sober and reasonable advocate” for his domestic relations clients, it said.
The aggravating factors require a sanction, but the mitigating factors suggest it shouldn’t be a suspension, the court said.
A public censure will deter future misconduct while allowing Schorr to continue “serving clients in a responsible and constructive fashion,” the court said.
Schorr represented himself. The New York Attorney Grievance Committee represented the state.
The case is In re Schorr, 2018 BL 399860, N.Y. App. Div., 10/30/18.
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