Legal Opinion

In Re Kersey

District of Columbia Court of Appeals

Decided January 28, 1987No. 84-739PublishedCited by 118 opinions

1Opinion of the Court

NEWMAN, Associate Judge:

In this case of first impression, we must decide what effect Franklin Kersey’s alcoholism should have upon the disciplinary sanctions imposed by this court for Ker-sey’s twenty-four separate violations of the Code of Professional Responsibility. Ker-sey’s misconduct, which includes three instances of misappropriation of client funds, is severe. Yet, we cannot ignore the reality that his alcoholic condition, which is currently under control, has been, to an extent, a causal factor in this misconduct. While no jurisdiction has ever held that alcoholism is a defense to…

2Cases cited11 opinions

  1. Paul J. Heideman v. United StatesCourt of Appeals for the D.C. Circuit · 1958
  2. Joe B. Driver v. Arthur Hinnant, Superintendent Halifax County Prison Unit of the North Carolina State Prison DepartmentCourt of Appeals for the Fourth Circuit · 1966
  3. In Re the Discipline of WalkerSouth Dakota Supreme Court · 1977
  4. Tenner v. State BarCalifornia Supreme Court · 1980
  5. Frederick L. Salzman v. United States of America, James E. Lowery v. United StatesCourt of Appeals for the D.C. Circuit · 1968

6 more not listed; retrieve them via the Exa API.

3Cited by118 opinions

  1. Matter of AddamsDistrict of Columbia Court of Appeals · 1990
  2. In Re AndersonDistrict of Columbia Court of Appeals · 2001
  3. Matter of ShorterDistrict of Columbia Court of Appeals · 1990
  4. Matter of RivkindArizona Supreme Court · 1990
  5. In Re PiersonDistrict of Columbia Court of Appeals · 1997

113 more not listed; retrieve them via the Exa API.

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