Conviction related to domestic abuse can be grounds for suspension from law practice

Law Reporter, Mar 2003

In re Melvin, 807 A.2d 550 (Del. 2002).

The Delaware Supreme Court imposed an 18-month suspension on a lawyer who ignored a family court's order to stay away from his estranged wife and destroyed evidence relating to that violation.

Here, Melvin pleaded guilty to (1) violating a protection-- from-abuse (PFA) order that required him to avoid his estranged wife and (2) hindering a criminal prosecution by destroying his wife's journal, which could have been used as evidence against him. A panel of the state's Board of Professional Responsibility recommended that the state high court suspend Melvin from the practice of law for one year.

Increasing the suspension to 18 months, the state high court acknowledged that Melvin did not violate a duty to a client and no harm resulted to another individual. But his criminal conduct violated his duties to the general public and undermined public confidence in the integrity of the legal profession, the court said. As an experienced public defender, Melvin held a special position of public trust, the court noted.

The preservation of evidence is essential to the orderly administration of justice, the court continued. Melvin's deceitful attempt to suppress evidence adversely reflects on his honesty and trustworthiness, the court found.

The court rejected Melvin's contention that his unfamiliarity with PFA proceedings should be considered as a mitigating factor. Melvin admitted that he not only understood the terms of the PFA order but also under-stood that he was violating the order by meeting with his wife.