Kansas Lawyer – DUI - Convicted of Involuntary Manslaughter

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

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!!!”

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

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

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?

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!

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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