Ex-DOLI secretary Zachares disbarred

Superior Court associate judge David A. Wiseman has ordered the disbarment of former Labor and Immigration Secretary Mark D. Zachares who was convicted in 2007 of accepting tens of thousands of dollars in gifts from lobbyist Jack Abramoff, himself convicted of corruption.

In a written order issued Tuesday, Wiseman disbarred Zachares from practicing law in Commonwealth courts and ordered that his name be stricken from the roll of admitted attorneys of the CNMI Bar.

“The court believes that Mr. Zachares’ misconduct has resulted in serious injuries to the legal profession, to the public, and to the legal system in general and finds that the appropriate discipline is disbarment,” he said.

Wiseman said the community expects lawyers to exhibit the highest standards of honesty and integrity. Lawyers, he said, have a duty not to engage in conduct involving dishonesty, fraud, or interference with the administration of justice.

The Commonwealth Disciplinary Rules provide that a disbarred attorney cannot apply for readmission until five years after disbarment.

Zachares was directed to notify his clients and others about his disbarment. Prior to re-admission to practice law before CNMI courts, he will be required take and pass the CNMI Bar Exam, including the Multistate Professional Responsibility Examination.

Zachares worked in the CNMI from 1994 to January 2002, first as an assistant attorney general with the Office of the Attorney General and then secretary of the then Department of Labor and Immigration. He no longer resides in the CNMI.

Zachares’ indictment was in connection with his work as aide to Rep. Don Young. He left Young’s staff in 2005.

In April 2007, Zachares pleaded guilty at the U.S. District Court in Washington D.C. to a count of conspiracy to defraud the United States.

According to news archives, Zachares admitted engaging in official acts on Abramoff’s behalf while working for Young, who then chaired the Transportation and Infrastructure Committee.

In November 2010, the court sentenced Zachares to 12 weekends in prison, four years probation, 200 hours of community service, and $4,000 fine.

In October 2011, Wiseman ordered Zachares to show cause as to the extent of discipline he should be subjected to for his conviction while a member of the CNMI Bar Association. The show cause hearing was held on Dec. 11, 2011.

In his order issued Tuesday, Wiseman said he acknowledges Zachares’ letter of withdrawal from the CNMI Bar on June 9, 2007, an action required of him as part of his plea agreement.

Despite the letter of withdrawal, Wiseman said the CNMI Judiciary has a right to proceed with its disciplinary action since a member of the bar cannot preempt disciplinary action against him or her simply by sending a letter of withdrawal from the bar after the misconduct has occurred.

Wiseman noted that the action in which Zachares was convicted of started prior to the letter.

“If such were the case, and a member could withdraw in a situation like this, then the member could reapply for active status and there would be no adverse action of record against the member at such time that would and should prevent his readmission. This is a situation that the Judiciary cannot allow to occur,” Wiseman said.

He said the crime of conspiracy to defraud the United States is a crime of moral turpitude and is also one of fraud and dishonesty.

“Such criminal conduct reflects adversely on an attorney’s honesty, trustworthiness, and fitness as a lawyer,” he said.

An attorney with such convictions, Wiseman added, should be punished by way of the court imposing a disciplinary result that will assure the public’s confidence in the Judiciary’s regulation of the attorneys practicing in the CNMI.