| Case Digest |
On April 11, 2007, Respondent pled guilty to three criminal charges: 1) criminal use of a communication facility, a felony of the third degree; 2) distribution of a small amount of marijuana, a misdemeanor; and 3) possession of drug paraphernalia, a misdemeanor. The criminal conviction was based on 5 individuals’ grand jury testimony that Respondent used and distributed marijuana on numerous occasions between August 2004 and July 2005. Respondent did not accept money or profit from distributing marijuana. Rather, he shared marijuana with his friends and associates.
In determining the appropriate level of discipline, the following mitigating and aggravating factors were taken into account: 1) the conviction involved marijuana rather than a more dangerous illegal drug; 2) Respondent did not profit from distributing the marijuana; 3) Respondent had already received a Public Censure for misconduct unrelated to the use or distribution of illegal drugs; 4) Respondent submitted 8 character letters attesting to his good character, legal abilities and his pro bono activities
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