In Re Ackerman

Dissenting Opinion

Arterburn, J.

I dissent from the majority opinion in this disciplinary matter and approve the recommendation of the Hearing Officer that as part of the penalty in this case the respondent be required to make restitution to the client of monies he took and failed to return.

In my opinion, the argument that restitution may be obtained in a separate civil action for damages is specious. The line which at times the law has drawn between wrongs of a criminal nature and those of a civil nature is totally artificial and serves a purpose in criminal proceedings in order to more…