Drunk Lawyer Blog

California Attorney May Lose License – Allegedly Drunk In Court

2012-01-06T19:45:00.000-08:00

Beer

This is unfortunate. Last May a California attorney was accused of being drunk in court. The attorney, Michelle Winspur, is a criminal defense attorney who must now answer to the California State Bar. The story is here. Ms. Winspur denies the allegations.

Sadly, the above story reports other alcohol related incidents in which she has been involved. This story here reports more, including a missed court appearance and alleged DUI. See the video here.

Attorneys in California who need help with substance abuse issues may contact the Lawyer Assistance Program(LAP). LAP was established by the California Legislature. It is a confidential service of the State Bar of California, staffed by professionals with many years of experience.

LAP provides assistance to attorneys whose personal or professional life is being detrimentally impacted by substance abuse, other compulsive behaviors, and/or mental health concerns such as depression and anxiety.

LAP includes: individual counseling, expert assessment and consultation, assistance with arrangements for intensive treatment, monitored continuing care, random lab testing, professionally facilitated support groups, and peer support groups.

The program also works with family members, friends, colleagues, judges and other court staff who wish to obtain help for an impaired attorney. Financial assistance is available so that no one is prevented from participating in the program due to financial limitations.

Attorneys may self-refer into this program or may be referred as the result of an investigation or disciplinary proceeding. Participation in the LAP is strictly and absolutely confidential. No information concerning participation in the program can be released without the attorney’s prior written consent.

More can be found here.

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Take the "Alcohol Myths and Facts" Quiz by WebMd

2011-12-08T19:41:00.000-08:00

The Drunk Lawyer Blog suggests you check out a fun and fast quiz offered by WebMd.

The quiz is entitled “Alcohol Myths and Facts” and only takes a minute. After each question you will be told whether you answered correctly, and given an explanation. You will also be given a score upon completion. We won’t spoil it by giving away any answers, but suffices to say that what you learn may surprise you!

The link to the quiz is here.

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Attorneys and Depression

2011-12-07T19:24:00.000-08:00

The Wall Street Journal has an excellent article called “Why Do Lawyers Get Depressed?” You can find it here.

The study of lawyers and depression is an important endeavor because lawyers have traditionally suffered higher rates of alcohol abuse and alcoholism than the general public. In 1991, studies showed that lawyers had twice the rate of addiction to alcohol than the general population. In 2000, it was estimated that 15 to 17 percent of California attorneys were alcoholics, or about one out of every six attorneys. In comparison, nearly 14 million Americans, or one in every 13 adults, abuse alcohol or are alcoholic. These statistics are concerning, because alcohol abuse can interfere with an attorney’s professional duties.

The Wall Street Journal article reveals that lawyers suffer depression at rates that are 3.6 times higher than other professions.

One cause may surprise you. Lawyers are trained to be analytical and critical thinkers, which makes us pessimists. Pessimism leads to unhappiness. To combat this, psychologist Martin E. P. Seligman recommends that firms reward attorneys with a change of pace from “drudgery” and offer exciting work assignments when possible.

Here is a short video about depression in the legal profession.

Here is a site devoted to attorneys with depression.

Public Service Announcement on Depression

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California Attorney Arrested On Suspicion Of Smuggling Drugs Into Prison

2011-11-19T20:03:00.000-08:00

Illegal drugs can be the downfall of many, and in many different ways. Take attorney Kenneth Markman of Los Angeles for instance. Last month Markman was arrested after a police dog caught the scent of a bundle of illegal drugs in his possession inside the Criminal Courts Building.

Apparently, the dog alerted on Markman as he was waiting to speak his client inside the court jail. The canine caught the scent of heroin, methamphetamines and marijuana, valued at around $30,000. The story is here.

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Iowa Lawyer Charged With Possession of Crack

2011-11-15T19:26:00.000-08:00

An attorney from Cedar Rapids has been charged with possession of a controlled substance after he allegedly obtained crack cocaine from a police informant. The attorney, Stanley Roush, is 52 years old. The story is here.

The legal profession provides one with a fulfilling career, to be sure. But it also includes a fair amount of stress, which can lead to substance abuse and even addiction.

The Iowa Lawyers Assistance Program reports the following “sobering” facts:

• Lawyers abuse alcohol at a 50- 80% higher rate than the general population.

• The incidence of depression among lawyers is twice as high as in the general population.

• According to a recent report of the ABA, studies indicate that more than 50 percent of all disciplinary cases involve impaired lawyers.

• The incidence of malpractice insurance claims are significantly higher among impaired attorneys.

• Lawyers suffering from alcoholism, drug addiction or depression often deny that they have problem.

Attorneys in Iowa who wish to speak to someone in confidence about substance abuse issues may contact the Iowa Lawyers Assistance Program.

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Lawyers and Substance Abuse an International Concern

2011-11-14T19:14:00.000-08:00

Twenty-four percent of attorneys will suffer from alcohol abuse problems during their careers. That was one of the statistics discussed recently at an international conference of behavioral health professionals in Ireland. The story is here.

It is thought by many that stress is the number one contributing factor to this high figure. In fact, many studies have found significant but relatively small associations between stress in the workplace and elevated levels of alcohol consumption. For example, one early study data reported that employees’ reasons for drinking were found to be associated with stress-inducing job characteristics, but the correlations were weak. A national survey of employed persons found that lower job satisfaction and higher job stress both were risks for increased drinking. Another study found significant associations between employee alcohol use and lower job satisfaction, less faith in management, and lower involvement with and commitment to the job. There are significant associations between drinking and job burnout, and negative associations between employee drinking behavior and job autonomy and job satisfaction.

Attorneys are not the only professionals who suffer from higher rates of substance abuse. According to statistics revealed at the international conference, doctors are also three times more likely to develop liver cirrhosis than the general population.

Attorneys who are seeking help for their substance abuse problems can usually turn to their respective state bar associations. For instance, the mission of the State Bar of California’s Lawyer Assistance Program is to support recovering attorneys in their rehabilitation and competent practice of the law, enhance public protection, and maintain the integrity of the legal profession.

Many states also require attorneys to complete continuing legal education requirements in the prevention of substance abuse.

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California Attorney Arrested for DUI

2011-10-09T17:50:00.000-07:00

A California attorney has been arrested for DUI after he ran into a parked car.

The attorney is the former city attorney for Newport Beach. The story is here. Fortunately no one was hurt. This is the second time arrest for the 53 year-old lawyer. Two years ago he was arrested for domestic violence, but no charges were filed.

California attorneys seeking help for addiction problems can find assistance through the Lawyer Assistance Program.

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Attorney Caught Trying to Smuggle Marijuana to Inmate

2011-10-02T16:41:00.000-07:00

Well, we don’t know if this attorney uses illegal substances, but he apparently knows where to get them.

A veteran attorney from Georgia was arrested for trying to smuggle marijuana to an inmate at the Richmond County Jail. The story is here. He is also being charged with influencing a witness.

Credit: Richmond County Sheriff's Office

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Texas Attorney Pleads No Contest to Crack Cocaine Charge

2011-08-14T18:17:00.000-07:00

It took five years for this case to get to trial, but when it did a former prosecutor from Bexar County, Texas decided to plead no contest to a felony drug charge rather than face a jury.

Gammon Guinn was arrested in 2006 after police allegedly found 3.5 grams of cocaine and a crack pipe in his vehicle. See the story here. Since his arrest, Guinn completed treatment for substance abuse addiction, which must have a been a factor when the judge awarded him deferred adjudication probation. Guinn is still a practicing attorney.

Crack cocaine is a highly addictive and powerful stimulant that is derived from powdered cocaine using a simple conversion process. Crack emerged as a drug of abuse in the mid-1980s. It produces an immediate high and is easy and inexpensive to produce. See more here.

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What Was She Thinking? Female Magistrate Takes Courthouse Photos of Men Urinating

2011-07-07T14:48:00.000-07:00

While this story does not concern substance abuse, it certainly deserves honorable mention. Florida attorney and traffic magistrate Rhonda Hollander has a strange hobby: photographing guys urinating in the courthouse men’s room. Is this an expensive hobby? Well considering it led to her arrest – it might end up costing her plenty.

She followed some guy into the men’s room and started taking pictures of him taking a leak. Then another unsuspecting fellow entered and she took his picture, too. The police came and she got into a struggle with him. The story is here and here among others.

Someone would not engage in this kind of behavior unless something was seriously wrong. So we hope that whatever caused her to do this can be identified and dealt with – in other words, we hope she will be alright.
What was she planning to do with these pictures? Was she taking them for her own personal enjoyment? Was she going to sell them to some weird twisted porn sites? We don’t want to know.

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Florida Bar Suspends Attorney For Cocaine Use

2011-07-01T22:08:00.000-07:00

Florida attorney Hugh Henry Lee was suspended by his state bar for 30 days after testing positive for cocaine on a drug test. Lee was arrested for DUI in 2009 and entered a plea of no contest. In May, 2010, he agreed to treatment which required drug testing as part of the program. Since then, two drug tests have come back positive for cocaine, the last one in March of this year.

The story is here.

Enjoy this old public service announcement featuring Clint Eastwood:

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Florida Attorney Arrested – Allegedly Tried To Buy Oxycodone

2011-06-30T19:45:00.000-07:00

Oxycodone – oxycodone hydrochloride- is a prescription painkiller used for the relief of moderate to severe pain. Buying it on the street without a prescription is, of course, illegal.

Orlando attorney Anthony McDonald could not reasonably have known different. Yet there he was, allegedly trying to purchase 300 oxycodone pills for $1,300 cash.

Unfortunately for him, the person from whom he was trying to buy the painkillers was an undercover cop. McDonald was arrested and charged with felony drug trafficking, which carries a maximum 25 year prison sentence if he is found guilty.

The story is here.

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Kansas Lawyer Gets Jail Time for Deadly DUI

2011-06-09T21:25:00.000-07:00

A Kansas lawyer was sentenced to a prison sentence of 62 months after pleading no contest to drunk driving and a hit and run accident that left one man dead. The lawyer, Marc Schultz, was driving drunk with his young son in the car with him when he struck a bicyclist from behind, killing him. Schultz then fled the scene of the crime leaving the bicyclist on the side of the road because he didn’t want his son in the car with him to see the body. Apparently, the 40-year-old Schultz had three prior DUIs.

The sad story is here.

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Kentucky Attorney Arrested for Drug Trafficking

2011-05-14T21:39:00.000-07:00

Attorneys suffer from alcohol abuse and addiction at a greater rate than the general public. I am not aware of similar studies or statistics relating to attorneys and illegal substance abuse, but at least one study has shown that if a lawyer is going to use illegal substances, cocaine is the top drug of choice.

An attorney from Madisonville, Kentucky most likely falls into that trend. According to this report, attorney William Nisbet IV was arrested last month and charged with trafficking in cocaine. If convicted he could face a 10-20 year sentence.

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Kansas Lawyer – DUI - Convicted of Involuntary Manslaughter

2011-04-11T22:08:00.000-07:00

Years ago when I was in the Marine Corps, anyone that was caught DUI more than once was sent to substance abuse education. More than three times and you were sent to a substance abuse counselor to be screened for alcohol addiction. I am reminded of this because of the tragic circumstances surrounding the conviction of Kansas attorney, Marc A. Schultz, for involuntary manslaughter and felony DUI. The story is here. More editorial on the story is here.

Last September Schultz struck and killed a 55 year old bicyclist, who was a successful financial planner and former Marine. That story is here. Today, Schultz pleaded no contest to involuntary manslaughter, to driving under the influence of alcohol, and to leaving the scene of an accident in which a death occurs. He will be sentenced in June.

Alcohol was not the only substance Schultz had taken back in September. Aside from a blood alcohol level of 0.12, Schultz’s blood test was positive for marijuana, a narcotic pain reliever, and an anti-depressant.

It so happens this was not the first DUI for Schultz. Schultz was convicted of DUI in 1989, and in June, 2000 and August, 2000. He also had two prior speeding violations.

See video of the story here.

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Paris Hilton Gets Last Laugh – Prosecutor Arrested for Cocaine

2011-03-28T11:32:00.000-07:00

The police spot a suspected drug dealer jump into the passenger seat of a BMW. A drug deal is going down. The car is pulled over and police find crack cocaine. Who was the driver of the car? Sadly, it was Las Vegas deputy district attorney, David Schubert. The story is here.

Schubert is well known for the drug prosecutions of well known stars, such as Paris Hilton and Bruno Mars. Now he has been suspended pending the resolution of this matter.

No one, not even attorneys, are immune to drug and alcohol problems. In Nevada, lawyers in need of confidential assistance with an alcohol, drug, depression, stress or gambling problem, may contact the Lawyers Concerned for Lawyers.

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California Attorney Learns: “Handcuffs are not fun!!!”

2011-02-19T17:33:00.000-08:00

The long time City Attorney from Lakeport, California, was arrested this month after his alleged involvement in a hit and run accident. A DUI charge indicates alcohol may have been the cause. The story is here.

The attorney is accused of drifting into a lane with oncoming traffic and colliding with a pick-up truck. Fortunately, the driver and passengers of the other car apparently suffered no injuries.

What’s particularly unusual is that the attorney apparently posted a comment on the Lake County News Facebook page warning others not to drink and drive because wearing handcuffs was not fun.

Good advice. The Center for Disease Control reports that 32 people per day die in the U.S. as a result of car accidents involving an alcohol-impaired driver. That’s about one death every 45 minutes.

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California Defense Attorney In Treatment For Heroin

2011-02-10T19:19:00.000-08:00

In 2008, a Santa Barbara defense attorney was arrested as he prepared to smoke heroin that the police saw him purchase earlier. In 2007, when he also had substance abuse problems, he was suspended from practicing law for three months for ethical violations.

Recently he agreed to enter a pre-conviction drug treatment program. If he completes the program the 2008 charges against him will be dropped.

The story is here.

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Recent Articles on Substance Abuse in the Legal Profession

2011-02-02T21:36:00.000-08:00

A couple of recent articles discuss the prevalence of substance abuse in the legal profession.

This article at the Minneapolis-St. Paul Star Tribune reports on a new rehab program geared for legal professional in Minnesota.

This article by the Daily Iowan is about a program at the University of Iowa School of Law that informs law students about high rate of substance abuse in the legal profession.

Remember the Socratic method of instruction at law school? For anyone that doesn't know, or who blocked it out of their memory, that’s where the law professor picks on one student and grills them for 15-20 minutes. I remember my own particular interrogation in Contracts lasting almost the entire class period. That’s stressful, and it’s no surprise that law students also are subject to higher rates of substance abuse.

Along with demanding teaching methods, imagine taking difficult postgraduate courses where your entire grade in each class is based on the final examination. That’s law school, at least as I remember it. And after three years of that, you then have to take the bar exam in the state where you hope to practice. That’s three grueling days of tests, and in California the most recent pass rate from the July 2010 exam was only 54.8 percent.

That’s enough to drive a person to drink. And it does. Both articles above mention a 1990 article published in the International Journal of Law and Psychiatry, reporting that attorneys had twice the rate of drinking problems than non-lawyers.

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Will the Judge Run Out of Breath?

2011-01-25T18:32:00.000-08:00

This Maryland judge might eventually suffer shortness of breath as a result of an unusual requirement following his sentencing for DUI.

In November, 2009, a judge from Maryland was arrested and charged with driving under the influence of alcohol after he crashed into another car. Wine – five glasses – was apparently the culprit. That story is here. The judge blew a 0.18, and eventually pled guilty in March, 2010. He was sentenced to three years probation and fined $1,000.

Even after his conviction the judge will be allowed to remain on the bench. The judge agreed to attend at least five AA meetings per week, abstain from alcohol, and take a breathalyzer test every day before assuming his judicial post. See the recent story here.

This story reminds us that suffering from an alcohol related incident is not the end of the world. There is always hope for those that honestly face the consequences and accept responsibility for their actions.

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Another Attorney Arrested for Cocaine!

2010-12-30T12:48:00.000-08:00

An Oklahoma attorney was arrested this month for his involvement with cocaine. The authorities used the old reverse sting operation to nab Gale McArthur down in Ponca City. The story from NewsOK is here.

McArthur was allegedly in possession of an ounce of cocaine, which police is an amount normally used for trafficking. For his part, McArthur apparently told police he began using cocaine last summer.

The story indicates that cocaine may be making a comeback due to a drop in sales price. Oh, great! Cocaine is a powerfully addictive stimulant drug that increases levels of dopamine in the brain. Dopamine is a neurotransmitter associated with pleasure and movement in the brain’s reward circuit. Cocaine acts by preventing the dopamine from being recycled, which leads to excessive amounts of the neurotransmitter to build up, which in turn causes the user to experience euphoric effects.

For a long list of adverse medical problems caused by cocaine use, go here.

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Ohio Lawyer Suspended for Cocaine Use

2010-12-21T21:26:00.000-08:00

Over four years ago Ohio lawyer Ramie Ann Resnick was found to have cocaine in her make-up bag and in the glove compartment of her car. In 2006 she was convicted for possession of illegal drugs, and then convicted of resisting arrest and disrupting public service in 2007. But on December 21, 2010, the Supreme Court of Ohio issued the coup de grace by indefinitely suspending her from the practice of law.

The story can be found here and here.

The court said the 51-year-old Resnick violated the state attorney discipline rules that prohibit engaging in illegal conduct involving moral turpitude, conduct involving dishonesty, fraud, deceit or misrepresentation, and conduct that adversely reflects on a lawyer’s fitness to practice. The court's opinion can be found here.

As is the case with all who abuse or become addicted to drugs, there is hope for Resnick. In the future she may apply for reinstatement to the Ohio Bar - but there are conditions. She must first be evaluated by the Ohio Lawyers Assistance Program, enter into and comply with a recovery program, provide a report from a qualified mental health profession that she is able to return to the competent and ethical practice of law, and submit to a period of post-reinstatement monitoring of her practice.

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Hypocrisy or Innocent Until Proven Guilty?

2010-12-10T22:40:00.000-08:00

Here on the Drunk Lawyer Blog we write about attorneys who are dealing with substance abuse or addiction problems. Those problems often lead to misconduct of some sort, including criminal activity. But the message coming out of Florida is that you are always innocent until proven guilty.

Florida criminal defense attorney Aaron Slavin was charged with illegal trafficking of prescription drugs this last July. The story is here from the St. Petersburg Times.

The twist is this: while Slavin awaits his trial, he is continuing to defend other criminal defendants charged with drug related crimes. Is this "hypocrisy" and "irony" as another defense attorney remarked? Through his own lawyer, Slavin maintains that he has complied with Florida’s disclosure laws and is entitled to continue doing his job. And what if Slavin is ultimately found to be not guilty of the charges against him?

We do not know any of the particulars regarding the charges against Slavin. But we do know that many who have suffered from substance abuse and addiction problems have rebounded and returned to their professions with great success. That is what we hope for all and that is what we hope for Slavin.

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Moral Depravity: Judge Lets Loose with Drugs and a Stripper

2010-12-03T19:02:00.000-08:00

This story exemplifies the morally degenerative behavior that may accompany substance abuse and addiction. You can read the full story here, but the short of the story is this:

Several months ago a 67 year-old federal judge from Georgia decided to relax by going to an Atlanta strip club. The judge, who is married with adult children, received a lap dance from a charming young lady. He was so taken by her that he met up with the next day. He paid her for sex as they did cocaine together. Disclaimer: That is NOT her picture.

Their relationship continued with the judge helping his stripper girlfriend buy more drugs over the next few months. He gave her money and accompanied her at times to buy drugs. What he didn’t know was that she cooperated with police and one day in October led him to an undercover cop posing as a drug pusher. He was busted.

The judge is a former Vietnam veteran and supposedly a conservative, who was appointed by President Reagan in 1987.

We have said it here before: drugs and alcohol do not discriminate on the basis of race, gender, class, profession or political leanings.

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Florida Supreme Court Disciplines 3 State Lawyers For Substance Abuse

2010-12-02T20:17:00.000-08:00

The Florida Supreme Court recently disciplined several lawyers for substance abuse. The full story is here.

Louis Barbieri was ordered to be publicly reprimanded. He had been on probation for five years for alcohol abuse. Ryan Fasso was suspended for two years after he pled no contest to a cocaine possession charge. Philip Irish was found guilty in criminal court of six felony drug charges. He was disbarred. James Tarquin was placed on three years probation for driving while intoxicated and domestic battery.

Alcohol and illegal drugs don’t discriminate based on race, gender, class, or political philosophy. These guys found out that a career in the legal profession does not make one immune from substance abuse or addiction, either.

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Corporate In-House Counsel Busted For Drug Possession

2010-11-12T23:41:00.000-08:00

Note to you corporate in-house counsel: Don’t stash your illegal drugs in a safe underneath your desk. Just ask David Baer, the former corporate counsel for Tom Petters. Last year Petters was convicted for fraud, money laundering and conspiracy charges. See here.

That's nice, but what does that have to do with drugs? When the FBI raided the Petters corporate offices they also found cocaine, ecstasy and methamphetamines under Baer's desk. See here.

Hey, you know, life as a corporate attorney can be rather stressful. Some lawyers just like to keep a bottle of scotch in their drawer. But when the corporation is involved in fraud and money laundering then the stress level goes way up. When that happens, it’s good to have the extra strong stuff on hand, like a little coke and meth. But don’t keep it under your desk. Apparently that’s one of the first places the authorities look.

Baer was recently charged with three felony drug possession charges. As Thanksgiving approaches, be thankful you aren’t addicted to illegal substances.

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Happy Birthday, Marines!

2010-11-10T09:39:00.000-08:00

Today we take a break from discussing substance abuse in the legal profession to honor the brave men and women serving in the United States Marine Corps. My service in the Marines included a stint as Director of a division Substance Abuse Counseling Center. That's where my involvement with the prevention of substance abuse began.

On November 10, 1775, the Continental Congress approved a resolution calling for the raising of two battalions of Marines to fight for independence at sea and on shore. Samuel Nicholas became the first Commandant of the newly formed Marines, and recruiting commenced at Tun Tavern, Philadelphia – the birthplace of the United States Marine Corps. Each year, Marines proudly celebrate November 10th as the birthday of the Corps by honoring those Marines who have come before them. This year, the Marine Corps is paying special tribute to the Marines who served in the Korean War. So will we.

The photograph shown here is that of Marine First Lieutenant Baldomero Lopez leading his Marines into action. On September 14, 1950, elements of the First Marine Division conducted a daring amphibious landing 100 miles behind enemy lines at Inchon. Lieutenant Lopez was the first man to scale the 10-ft seawall.

During the subsequent battle, Lieutenant Lopez was shot in the shoulder just as he prepared to throw a grenade. He died while smothering the grenade with his own body, thereby saving the lives of the Marines around him. He was awarded the Medal of Honor posthumously. A war correspondent said that Lieutenant Lopez “died with the courage that makes men great.”

After Inchon, the Marines fought their way to Seoul in 10 days. Later in the war, the First Marine Division defeated numerous Chinese divisions at Chosin Reservoir despite being outnumbered 8 to 1. The worst weather in 50 years cut off air support and assaulted the Marines with snow, wind and temperatures of -40 degrees F. Even so, the "Chosin Few," as they would come to be called, decimated 10 Chinese infantry divisions and fought their way back to the sea to rejoin the American forces.

Today, Marines continue to serve in the brave tradition of Lieutenant Lopez and the Chosin Few. November 10, 2010: The 235th Birthday of the United States Marine Corps. Happy Birthday Marines, and Happy Veterans Day to all who have served.
Semper Fidelis.

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City Attorney in California Busted for DUI

2010-11-05T23:20:00.000-07:00

In between his gig of providing legal advice to the California cities of Chino and Rialto, City Attorney Jimmy Gutierrez managed to get arrested for suspicion of driving under the influence of alcohol. Last month, Gutierrez must have had too much wine and stayed out too late on a Friday night. He was arrested by California Highway Patrol just before 2:00 a.m. on a Saturday morning.

The story is here from the Redland Daily Facts.

CHP officers noticed Gutierrez swerving on the freeway (that’s state highway for you East Coast readers) and stopped him. Gutierrez refused a field sobriety test but asked to provide a blood sample instead. He was taken into custody and released at 1:00 p.m. that afternoon.

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Georgia Attorney Busted

2010-09-28T20:07:00.001-07:00

An attorney from Georgia has been busted for trying to sell prescription drugs. The story is here.

Mark Shelnutt, from Columbus, was arrested on eight counts of Distribution of a Controlled Substance. Shelnutt tried to sell Oxycodone, Xanax and Hydrocodone.

Oxycodone is in a group of drugs called narcotic pain relievers. It is similar to morphine. Xanax is in a group of drugs called benzodiazepines. It is used in the treatment of anxiety disorders, panic disorders, and anxiety caused by depression. Hydrocodone is a Schedule III controlled substance, and the generic name for Vicodin.

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Wisconsin Attorney's License to Practice Law Suspended Due to Drugs

2010-09-19T17:59:00.000-07:00

When people become addicted to illegal substances, bad things are usually the result. There is the possibility of police involvement leading to arrest and conviction. Addiction problems affect work performance, and if the addict is an attorney, then clients may suffer. Attorney misconduct as a result of illegal drug use therefore often results in disbarment. Such is the case with Stephen Compton.

Compton’s license to practice law was recently suspended for two years. The story is here.
Compton is a Wisconsin attorney from Walworth County who pled guilty last year to felony charges of possession of narcotics and bail jumping. He was sentenced to three years probation, but that did not prevent the state supreme court for suspending his license.

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Nevada District Attorney Arrested for DUI - Again

2010-09-14T20:58:00.000-07:00

When you fall asleep in your car in Pahrump, Nevada, make sure it is not within the watchful eyes of former Hollywood madam Heidi Fleiss. Two years ago, Fleiss was prosecuted by the Nye County District Attorney’s office for being under the influence of drugs. Now Fleiss returned the favor by tipping off police about a suspicious car parked along her secluded block. The car belonged to Nye County District Attorney Bob Beckett, who was passed out in the front seat. Here is the story from the Las Vegas Review-Journal.

After being roused from his slumber, Beckett failed a field sobriety test and was arrested. A breath test recorded a blood-alcohol level of 0.12 percent, which is above the legal limit of 0.08 percent. Sadly, Beckett was already on probation for an alcohol related driving incident in 2008, which occurred in California. Under the terms of that earlier probation, Beckett is prohibited from operating a motor vehicle with alcohol in his system. What will happen to him now? We will have to wait and see.

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Washington Attorney “Smacked” Down

2010-09-09T21:12:00.000-07:00

What’s with attorneys smuggling heroin into prison? (See last post). According to Heraldnet.com, a Washington attorney was arrested for trying to smuggle heroin into a county jail. Why? Because he himself was addicted to smack, and he was able to keep a cut for his own personal use.

The 63 year old attorney is said to have become addicted to prescription pain killers, and then heroin. He somehow worked out a deal with prisoners to bring them dope as long as he could keep a portion for his own use. Before his arrest he resigned as a result of misconduct.

Heroin is highly addictive. Addiction is a chronic, relapsing disease, characterized by compulsive drug seeking and use, and by changes in the brain. Heroin has increased in purity and decreased in price. Afterall, even prisoners can afford it.

For more info on heroin use and addiction, click here.

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Substance Abuse CLE Adds New Lesson On Methamphetamines

2010-09-08T21:43:00.000-07:00

Substance Abuse CLE provides quality and easily affordable continuing legal education classes that satisfy the MCLE requirement of the California Bar Association pertaining to the Prevention of Substance Abuse in the Legal Profession.

Substance Abuse CLE has just added a new lesson entitled An Attorney's Struggle With Methamphetamines. The purpose of this activity is to fulfill the California State Bar Rule 2.72 (A)(3) requirement by providing one hour of self-study credit in the prevention of substance abuse in the legal profession. Most lessons fulfilling this requirement provide generalized information on substance abuse, or are geared toward alcohol abuse and addiction. This new lesson focuses on facts about methamphetamine use and addiction by presenting a true case study about a California attorney’s struggle with methamphetamine addiction, the resulting misconduct, his resignation from the bar, and his recovery and petition for reinstatement to the bar.

This activity was approved by the California State Bar on July 16, 2010 for the period July 15, 2010 to July 14, 2012. The California State Bar provider number of Substance Abuse CLE is 15199.

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Attorney Accused of Smuggling Heroin-filled Condom into Prison

2010-09-04T21:39:00.000-07:00

Does representing a criminal defendant include the responsibility for smuggling drugs? Possibly one defense attorney thought being an advocate for his client meant ensuring his client would be comfortable in prison. Or, he wanted to make sure his client had protection against unsafe sex. But it was no ordinary condom he tried to provide - it was a condom stuffed with heroin. And worse, the attorney had successfully done it many times before. The story is here.

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2010-08-22T12:00:00.000-07:00

A New Jersey lawyer was recently kicked out of a county drug rehab program for continuing to take drugs. A criminal prosecution as well as suspension or disbarment might be in the future.

The story is here.

In 2008, New Jersey police allegedly found methamphetamines and heroin in the New Jersey home of Michael Rowek, a personal injury attorney. Instead of being prosecuted, Rowek was admitted into the Pretrial Intervention Program (PTI). New Jersey’s PTI is an alternative to the typical method of prosecuting criminal defendants. When a defendant completes the rehabilitative services provided by PTI, there is no record of a conviction.

As a first time offender, Rowek qualified for PTI and was placed on probation for one year while he was expected to complete a drug and alcohol evaluation. Except he didn’t. Instead he continued to test positive for drug use and ignored probation appointments.

When advised in court that his enrollment in the program would be terminated, the attorney sadly broke down.

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Attorney Busted For Indoor Pot Farm

2010-08-07T11:10:00.000-07:00

Should marijuana be legalized? At least one Philadelphia attorney may think so – after he was charged with conspiracy to grow and distribute 1,000 marijuana plants!

According to federal prosecutors, attorney Richard Creamer co-owns a warehouse in North Philadelphia that was turned into an indoor marijuana farm. Creamer and others may have been planning to expand their pot growing operation to Northern California before the authorities interceded.

The story is here and here among other places.

Creamer’s attorney says Creamer had no idea that pot plants were being grown in his warehouse, although he maintained a private office inside. But Creamer’s co-owner has already pleaded guilty to drug conspiracy, manufacturing and distribution charges.

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Pennsylvania Lawyer Plus Painkillers Equals Arrest

2010-07-17T18:00:00.000-07:00

Oh the pain!

Fentanyl and oxycodone are strong prescription opiates used to relieve moderate or severe pain. Fentanyl, which is stronger than oxycodone, is reportedly about one thousand times stronger than heroin. For the vast majority of patients, these painkillers are effective and are used safely. Unfortunately, addiction problems due occur, and those who have become addicted include lawyers.

The latest is reported to be a lawyer from Scranton, Pennsylvania, Robert Foley. He was recently arrested for fraudulently obtaining painkillers from 33 different doctors. The cost to feed his habit was approximately $3,000 per month. According to court papers, Foley became addicted to pain killers in 2008 after suffering a back injury.

The story is here and here.

Despite their pain killing properties, opioid drugs also can induce euphoria by affecting the brain regions that mediate what we perceive as pleasure. This feeling is often intensified for those who abuse opioids when administered by routes other than those recommended. For example, some addicts take OxyContin snorting it or injecting it in order to enhance its euphoric effects. Withdrawal symptoms from opiates include runny nose, sweating, headache, muscle pain cramps, fever, twitching, vomiting, diarrhea, insomnia, and fatigue.

Addiction to any drug – even prescription painkillers - is a brain disease. Fortunately, like other chronic diseases, the disease of addiction can be treated effectively.

Even though Foley must feel like this is the end of the world, people have rebounded from worse than this and gone on to achieve great things.

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Meth in West Virginia? Yes, and an Attorney Caught Dealing!

2010-07-12T21:41:00.000-07:00

Unbelievable. A 32-year-old attorney from Ripley, West Virginia has been arrested for trying to sell methamphetamines. She smoked some meth, then tried to sell some to a police informant. Well you know what? That is a no-no in any city, county or state – and she was busted. The story is here.

What is equally amazing are the on again, off again meth related charges that Sullivan has faced. See here and here.

Meth is a white, odorless, bitter-tasting crystalline powder that easily dissolves in water or alcohol. It is often taken in combination with other drugs such as cocaine and marijuana and, like heroin and cocaine, can be inhaled, injected, ingested, or smoked. Meth is classified as a central nervous system stimulant drug. Street meth is referred to by many names, such as speed, tweak, uppers, glass, bikers’ coffee, poor man's cocaine, chicken feed, and stove top. Methamphetamine hydrochloride, which is meth in clear chunky crystal form resembling ice, can be inhaled by smoking. This “crystal meth” is also referred to as ice, crank, crystal, tina, and glass.

Meth is similar in chemical structure to amphetamine. It was first synthesized in 1919 as a synthetic substitute for ephedrine. Although meth can be prescribed, its medical uses are limited. It is sometimes used in very low doses for the treatment of narcolepsy (a sleep disorder) and attention deficit hyperactivity disorder. The doses that are prescribed are much lower than those typically abused. Because it is so easily abused, meth is classified as a Schedule II drug, which means that it is only available through a doctor’s prescription that cannot be refilled.

Meth acts by increasing the release of dopamine in the brain, which leads to feelings of euphoria. However, this pleasure high is followed by a low or "crash" that often leads to increased use of the drug. With continued use, some users may have difficulty feeling any pleasure at all, especially from natural rewards. Long-term meth abuse results in many damaging physical and psychiatric effects, such as: addiction, violent behavior, anxiety, confusion, insomnia, psychotic features (e.g. paranoia, hallucinations, delusions), and cardiovascular problems (e.g. rapid heart rate, irregular heartbeat, increased blood pressure, stroke). Essentially, meth acts by changing how the brain works. It also speeds up many functions in the body.
Smoking meth, which results in the drug acting quickly on the brain, has become more common in recent years. This has amplified meth’s addiction potential and adverse health consequences.

Approximately 10 million people 12 years and older have abused meth in their lifetimes. It has been reported that in 2005, approximately 500,000 people were current users. Abuse has been especially noteworthy in certain areas of the country with indicators suggesting particular problems in Hawaii, California and the West Coast states, rural areas of the West and, more recently, the Midwest.

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Utah Attorney Tries To Buy Cocaine!

2010-07-10T12:55:00.000-07:00

Drugs in Utah? North Salt Lake City Attorney David Michael Nielson thought so. On June 27, 2010, Nielson was arrested for trying to buy cocaine. Besides North Salt Lake City, Nielson also worked as a contract attorney for West Bountiful City.

Here is the story from the Desert News.

An undercover drug operation was underway near a mall when Nielson asked an undercover cop if he could buy cocaine. That night, 18 other people were arrested, too. Why did Nielson suspect the undercover cop was selling cocaine? Who knows, there must be a certain look or body language that druggies identify.

At any rate, Nielson, who is 54, indicated he would resign, and he was suspended from the West Bountiful City gig.

Attorneys abuse illegal substances, just like everyone else – even government lawyers in their fifties.

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Another Delaware State Attorney Arrested for DUI

2010-07-04T12:03:00.001-07:00

What’s going on with state attorneys in Delaware? Delaware’s deputy solicitor, Jennifer Oliva, resigned after her arrest for drunk driving on June 6. Three other Delaware Department of Justice attorneys have had DUI charges within the last three years. See the full story here.

Police reports allege that Oliva was pulled over around midnight on June 6. She refused to submit to a breath or blood test and was cited for driving without her lights on and for not having proof of insurance. She maintains her innocence, but submitted her resignation.

"Innocent until proven guilty," as the saying goes. We here at Substance Abuse CLE do not judge Ms. Oliva. In fact we hope that she is innocent. The only commentary here is to take note that alcohol does not respect a person's position. In the case of Oliva, she is reportedly a Rhodes scholar, a West Point graduate and a former Army Captain.

Hey, if you are an attorney, make sure you complete your substance abuse continuing legal education. And pay attention!

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Sioux Falls Lawyer Resigns From Bar After DUI Arrest

2010-06-27T15:19:00.001-07:00

Where to put this one? It could go here or over at the Drunk Politician Blog.

Mary Ann Giebink was a lawyer from Sioux Falls running as a Democrat for a seat in the South Dakota House of Representatives. But in May, Ms. Giebink may have had a little too much to drink and decided to get behind the wheel of her car and drive. A couple of accounts are here and here.

Her driving caught the attention of police, who tried to pull her over. Perhaps because she didn’t want bad publicity spoiling her career or hurting her chances in the election, she decided that she didn’t want to be pulled over. So she hit the gas! A high speed chase ensued reaching speeds of 100 mph. After about a minute she lost control and slid into a ditch. She was apprehended and charged with drunken driving and fleeing the police. A drug charge was added when police found her to be in possession of marijuana.

With the charges pending, Ms. Giebink resigned from the state bar.
For Ms. Giebink, it must seem like the end of the world. However attorneys in worse trouble have rehabilitated themselves and returned to the practice of law. It can be done.

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Washington Lawyer Arrested for DUI and Drug Possession

2010-06-19T21:08:00.000-07:00

A lawyer running for prosecutor in Clallam County, Washington was arrested on suspicion of DUI and drug charges and he allegedly pulled out a knife at the Seattle-Tacoma International Airport. The story is here and here.

A ticket agent apparently called authorities reporting a man with a floppy hat and Hawaiian shirt had a knife. The knife-wielding man was none other than David Fox, an attorney running for prosecutor. He got into his truck but was pulled over by police. According to the police report, Fox was drunk and had marijuana, a pipe and prescription pills for which he had no prescription.
Fox allegedly tried to pull the “lawyer card,” by telling the officer that he was an attorney running for office.

A Port of Seattle police report says a ticket agent called authorities late Sunday to say a man wearing a floppy hat and Hawaiian shirt had repeatedly pulled out a knife and was asking "weird questions."

He was taken into custody but released from King County without bail when no charges had been filed within 72 hours of his arrest. See here.

The King County prosecutor’s office said charges weren’t filed because the office was awaiting the results of a toxicology test.

Meanwhile, after being busted, Fox decided not to run for prosecutor after all. Who would vote for a dope-smoker who is supposed to uphold the law? Instead, Fox intends to run for Washington’s 5th Congressional District. Huh? Maybe that says something about Congress.

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Utah Attorney Struggles With Prescription Drugs

2010-05-02T10:07:00.000-07:00

An attorney from St. George, Utah was arrested for prescription drug fraud last month. The story is here. Michael Lastowski is charged with using different doctors to obtain a controlled substance.

Lastowski allegedly purchased two similar drugs using prescriptions from different doctors. But neither doctor was aware of the prescription from the other doctor. Police said it is against the law to fail to tell a doctor that you already have a prescription from another doctor. Police also said that the prescriptions had been altered.

Prescription drug abuse is taking a prescription medication that is not prescribed for you, or taking it for reasons or in dosages other than as prescribed. Of course, the abuse of prescription drugs can produce serious health effects, including addiction. Once addicted, the abuser may resort to extreme and sometimes unlawful measures to obtain more of the drug.

Lastowski is innocent until proven guilty. But the fact pattern here would illustrate this point.

A nifty government fact sheet about the abuse of prescription drugs can be found here.

"One pill makes you . . .'

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Texas Judge Arrested For Driving While Intoxicated - Again

2010-04-17T21:48:00.000-07:00

According to KGBT-TV Channel 4 ("Action 4 News"), a Texas municipal judge from Mercedes was recently arrested for his third drunk driving incident.

The judge, Rogelio Garcia, was pulled over after state troopers caught him speeding. He failed a field sobriety test, and then refused to submit to a breath test. The troopers said he appeared highly intoxicated. Because this is his third arrest for DWI, he faces a felony DWI this time around.

Garcia was first arrested for DWI in 1984. He was convicted and got two years probation. His second arrest was in 1995. For that DWI he was convicted in 1996 and received one year probation and a $350 fine.

In the Marine Corps, one DWI is called an alcohol related incident. It is an episode of substance abuse. Three such incidents and the abuser will be screened for alcoholism. This in no way implies or suggests that the judge here is alcohol dependent. But just maybe he should reflect upon his conduct. For the rest of us, we can reflect upon what three arrests would do to our families and professional life.

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Butte County Deputy District Attorney Arrested for DUI

2010-04-16T12:22:00.000-07:00

According to local CBS affiliate, KHSL, Butte County, California Deputy District Attorney, Orin Brent Redelsperger was arrested last month on suspicion of DUI.

Redelsperger apparently refused a field sobriety test and was arrested. His two children were in the vehicle with him at the time, so he was also charged with child endangerment. His wife recently filed for divorce.

According to the Chico Enterprise-Record, Redelsperger crashed his car while on a private road. The California Highway Patrol says he had an alcohol level of 0.37, which is nearly five times the legal limit for intoxicated driving in California.

A blood alcohol level of 0.37? Yikes! According to this chart on Wikipedia, a man over 200 pounds would have to consume over 10 drinks to get that drunk. And the effects of 0.37 can be quite serious. Redelsperger is innocent until proven guilty. But it should be noted that crashing a car while driving with a blood alcohol level of 0.37 is only to be expected.

No matter what the outcome, let this serve as a reminder that alcohol does not discriminate.

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Mississippi Attorney Arrested For Cocaine Possession

2010-04-15T19:54:00.000-07:00

According to an article in the Clarion-Ledger, Oxford Attorney Michael Wall was arrested last month on felony drug charges.

Wall was arrested by agents of the Mississippi Bureau of Narcotics at Lafayette County Justice Court on two counts of delivery or transfer of cocaine and two counts of possession of cocaine.

Only about five grams of cocaine, were involved, which had an estimated street value of $100. The article indicates that Wall was booked into the county jail with his bond set at $20,000.

Everyone knows that cocaine is a illegal why do it? We don’t know why this attorney started his abuse of cocaine, but we know that it is powerfully addictive. Cocaine affects normal brain function by interfering with the manner in which one’s brain processes chemicals that create feelings of pleasure. The result is that a cocaine user often needs more of the drug just to feel normal. People who become addicted to cocaine may lose interest in other areas of their life, such as school, work, and friends. As Wall's arrest illustrates, substance abuse occurs in practically every profession, including the legal profession.

If you know or strongly suspect a friend is using cocaine, encourage that person to stop or seek professional help. For information and referrals, call the National Clearinghouse for Alcohol and Drug Information at 800-729-6686.

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