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Supreme Court upholds Mitchell suspension
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Posted on Mar 09 2001
The Supreme Court ruled yesterday to suspend and not disbar attorney Theodore Mitchell from legal practice out of sympathy for the embattled lawyer, who is reportedly suffering from a serious illness.
His suspension stemmed from a multitude of offenses against the judicial system ranging from defying court orders on several occasions, advising a former client to exonerate him from wrongdoing, disruptive manner in handling court cases, among others.
In delivering the decision, Supreme Court Associate Judge Alexandro Castro, Justice Pro Tem Pedro M. Atalig and Special Judge Alberto C. Lamorena III, chose to exercise discretion in favor of suspension instead of disbarment, solely out of sympathy for Mr. Mitchell, and not because he has offered any meaningfully mitigating circumstances.
“Again, we choose suspension for Mitchell, we cannot over-emphasize the fact that there comes a time where a court’s sympathy for an attorney must not undermine the court’s duty to guard the administration of justice, maintain the dignity of the courts and the integrity of the profession, and protect the public,” read the Supreme Court judgment.
The order further specified that Mr. Mitchell’s interim suspension shall continue for a period of three years since August 1, 2000.
The court decision added that after 18 months have elapsed, he shall be permitted to apply for re-instatement. And should he choose to apply, he shall have to take and pass the Multi-State Professional Responsibility Examination within one year of this application of reinstatement.
The court also noted that at no time during the pendency of Mr. Mitchell’s proceeding did the lawyer exhibit the slightest hint of remorse, or acknowledged that his conduct was an unprofessional and unnecessary competent of competent legal representation.
By so doing, Mr. Mitchell has apparently acknowledged the gravity of his unprincipled conduct by offering to permanently resign from the Commonwealth bar to avoid a formal suspension or disbarment, the court said. (MM)
