MacLachlan, Matter of
| Decision Date | 22 May 1978 |
| Citation | 62 A.D.2d 413,405 N.Y.S.2d 236 |
| Parties | In the Matter of Robert D. MacLACHLAN, Jr., an attorney. The JOINT BAR ASSOCIATION GRIEVANCE COMMITTEE FOR the TENTH JUDICIAL DISTRICT, Petitioner, v. Robert D. MacLACHLAN, Jr., Respondent. . |
| Court | New York Supreme Court — Appellate Division |
Robert Roberto, Jr., Mineola (John F. McHale, Jr., Port Washington, of counsel), for petitioner.
Robert D. MacLachlan, Jr., pro se.
Before HOPKINS, J. P., and MARTUSCELLO, LATHAM, DAMIANI and TITONE, JJ.
The respondent was admitted to practice by the Appellate Division, First Judicial Department, on March 15, 1966, under the name Robert Douglas MacLachlan, Jr. The petition sets forth six charges of professional misconduct against the respondent. The Justice of the Supreme Court to whom the issues herein were referred has submitted his report, in which he concludes that five of the six charges have been sustained, to wit, charges one, two, three, four and six. The petitioner now moves to confirm the report. The respondent opposes the petitioner's motion and has cross-applied to dismiss the petition or, in the alternative, to transfer the proceeding to the Appellate Division, First Judicial Department, for consideration de novo.
After reviewing all of the evidence, we find the respondent guilty of four of the original six charges of misconduct, to wit, charges two, three, four and six. Three of the charges (two, four and six) involved the respondent's failure to co-operate with the petitioner in its investigation of three complaints, by ignoring and failing to respond to numerous written inquiries by the petitioner. Charge three alleged that the respondent obstructed the proper administration of justice in a criminal matter. Regarding that charge, the respondent was representing a defendant charged with assault; a witness to the assault was served with a subpoena to appear before the Grand Jury of Suffolk County in Riverhead, New York, on July 11, 1975 at 10:00 A.M.; respondent met with this witness on the evening of July 10, 1975; at 2:00 A.M. on July 11, 1975, the respondent issued his own subpoena to the witness, returnable at 9:45 A.M. that day in Hauppauge, New York; he instructed the witness to comply with his subpoena since it was returnable earlier in time; the witness met the respondent and the defendant in Hauppauge, New York, on July 11, 1975 in accordance with the respondent's subpoena and remained with the respondent until...
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