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Disciplinary Reporter Case Digest

Attorney ID 60993
Attorney Name McDaniel, Kirk Allen
DBP Docket No. 30 DB 1998
Supreme Court Docket No. 399 DD No. 3
County Out of State
Disciplinary Counsel Joseph J. Huss
Counsel for Respondent None
Decision Date 2005-05-11
Effective Date 2005-06-10
Case Digest Respondent, while serving in the United States Marine Corps as a Senior Trial Counsel made a false statement, under oath, in an administrative proceeding. Some months later, Respondent failed to return from leave on time. As a result, he was routinely tested for drug use, and the testing indicated he had used cocaine. The Marine Corps commenced a court martial of Respondent for violating various provisions of the Uniform Code of Military Justice. In September 1997, Respondent pled guilty to charges in the nature of False Swearing and Unauthorized Absence, and was convicted of cocaine use. He was dismissed from the Marine Corps in 1997. A collateral investigation by the United States Marine Corps’ Judge Advocate’s Office found that he had violated various provisions of the Rules of Professional Conduct and, as a result, Respondent’s certification as a military attorney was revoked. This matter was pursued by Disciplinary Counsel as a criminal conviction matter. The disciplinary prosecution was substantially delayed by Respondent’s appeal of his convictions through the military criminal justice system. A Petition for Discipline was finally filed in November 2003. Among other findings, the Disciplinary Board’s report noted that the military convictions of Respondent were for serious crimes as defined by Pa.R.D.E. 214(i). The Board recommended a year and a day suspension to the court, which the court adopted.
Rule Violation(s) Pa.R.D.E. 203(b)(1) and RPC 8.4(b)
Discipline Imposed Suspension for one year and one day
Points of Law Convictions of military lawyers for conduct in violation of the Uniform Code of Military Justice may form the basis of a disciplinary prosecution for a criminal conviction if the violation in question involves a “serious crime” as defined at Pa.R.D.E. 214(i).
Report/Opinion Download