Matter of Whitmore

This is an attorney-disciplinary proceeding in which the respondent, a municipal prosecutor, was found guilty of ethics violations for conduct indirectly contributing to the improper dismissal of a drunk driving case. The trial court dismissed the case when the police officer who administered the breathalyzer test chose not to be present for trial. Respondent, apparently aware that the officer had an improper reason for not appearing, did not so inform the court. Following ethics charges against respondent, the District Ethics Committee (“DEC”) found that respondent had violated the Rules of…