Disciplinary Reporter Case Digest

Attorney ID 91262
Attorney Name Murphy, Jr. , Michael Patrick
DBP Docket No. 32 DB 2007
Supreme Court Docket No. 1243 DD No. 3
County Philadelphia
Disciplinary Counsel Amelia P. Kittridge
Counsel for Respondent John Rogers Carroll
Decision Date 2008-09-22
Effective Date 2008-10-22
Case Digest Respondent convicted of Aggravated Assault by Vehicle While Driving Under the Influence, for driving while intoxicated eastbound on the westbound turnpike and seriously injuring a young woman. Respondent received a prison term but was allowed to practice law while on work release. Respondent admitted the charges but sought Braun mitigation, alleging he was an alcoholic. Respondent had a prior DUI in law school, for which he received ARD.
Rule Violation(s) RPC 8.4(b); Pa.R.D.E. 203(b)(1)
Discipline Imposed Suspension for 6 months stayed, probation for four years w/treatment, sobriety monitor
Points of Law Supreme Courtís Order setting forth Conditions for treatment, sobriety monitor and reports to Board is detailed and comprehensive. Board had only imposed four-years probation. Board Memberís Dissent argued for suspension. Case establishes that although there was Braun mitigation, the severity of the injury to the victim and the extreme reckless behavior of Respondent warrant stayed suspension in addition to probation.
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