Tag Archives: responsibility

Supreme Court Rules Disciplined Lawyer Must Pay $22K

News release from Administrative Office of the Courts:
The Tennessee Supreme Court ruled (Friday) that Knoxville attorney Herbert S. Moncier must pay the costs incurred prosecuting the disciplinary proceeding that resulted in his one-year suspension from the practice of law in Tennessee.
On June 1, 2011, the Supreme Court assessed costs totaling $22,038.32 against Mr. Moncier. Afterward, Mr. Moncier petitioned for relief from costs, arguing that the disciplinary proceedings resulting in his suspension were unfair and unconstitutional.
A three-member panel of the Tennessee Board of Professional Responsibility (BPR) refused to grant him relief from costs. Mr. Moncier appealed to the Supreme Court, again arguing that he should not be required to pay costs because the disciplinary proceedings that resulted in his suspension were unfair and unconstitutional. Mr. Moncier also argued that the members of the BPR panel assigned to hear his petition for relief from costs were biased against him.
The Supreme Court addressed and rejected Mr. Moncier’s arguments and affirmed the BPR panel’s decision denying him relief from costs. Among other things, the Court concluded that Tennessee’s attorney-disciplinary procedure is consistent with the due process requirements of the Tennessee and United States constitutions and that disqualification standards applicable to judges do not apply to members of the Board of Professional Responsibility.
To read Herbert S. Moncier v. Board of Professional Responsibility Opinion, authored by Justice Cornelia A. Clark, visit TNCourts.gov.

Complaint Against DesJarlais Filed With Congressional Ethics Office

News release from Citizens for Responsibility and Ethics in Washington:
Washington, D.C. — Today, Citizens for Responsibility and Ethics in Washington (CREW) filed a complaint with the Office of Congressional Ethics (OCE) alleging Rep. Scott DesJarlais (R-TN) violated House rules by blatantly lying to the public when confronted about an inappropriate sexual relationship he had with a patient while serving as her treating physician.
In October, a transcript of a telephone conversation between the doctor-turned-congressman and the unidentified woman was released revealing the pro-life congressman urging the woman, who he believed might have been pregnant with his child, to have an abortion.
Rep. DesJarlais stated he had not recorded the conversation, claiming it “was recorded unknowingly without my consent.” Recently released testimony from the congressman’s divorce proceedings proves Rep. DesJarlais intentionally and knowingly recorded the call. Under oath, he testified that he and his wife recorded the conversation to discern whether the mistress/patient was lying about her pregnancy.
“Apparently, Rep. DesJarlais suffered a convenient memory block until a transcript from his divorce refreshed his recollection after he was reelected,” said CREW Executive Director Melanie Sloan. “Taping a conversation with a mistress doesn’t seem like something you would easily forget, but maybe now he will argue his memory was clouded by the pot he was smoking at the time, or he confused that mistress with one of his many others.”
Rep. DesJarlais also claimed — and continues to claim — the patient was not pregnant and did not have an abortion. Testifying under oath in Rep. DesJarlais’ divorce case, however, the woman asserted that, in fact, she was pregnant and fairly confident Rep. DesJarlais was the father. Nevertheless, she refused to comment on the outcome of the pregnancy, but said she had no children by Rep. DesJarlais.
“It is clear Rep. DesJarlais lied to ensure his telling of events aligns with his current anti-abortion stance. Apparently, his views have ‘evolved’ to the point where he now believes abortions should be illegal for everyone except the women with whom he sleeps,” continued Ms. Sloan, who noted the congressman seemingly had urged his wife to have two abortions. “Rep. DesJarlais’ constituents may have overlooked his reprehensible conduct and numerous lies, but hopefully, the House will not. Whatever happened to Speaker Boehner’s much touted ‘zero tolerance’ for misconduct?”
Click here to read CREW’s letter to the OCE
Citizens for Responsibility and Ethics in Washington (CREW) is a non-profit legal watchdog group dedicated to holding public officials accountable for their actions. For more information, please visit www.citizensforethics.org or contact David Merchant at 202.408.5565 or dmerchant@citizensforethics.org

CREW Files Complaint Against DesJarlais for Sexual Relationship With Patient

News release from Citizens for Responsibility and Ethics in Washington:
Washington, D.C. — Today, Citizens for Responsibility and Ethics in Washington (CREW) filed a complaint with the Tennessee Department of Health against Rep. Scott DesJarlais (R-TN) for conducting an inappropriate sexual relationship with a patient in violation of state law.
Last week, it was reported that in 2001, while he was married, Rep. DesJarlais engaged in a sexual relationship with a patient. A transcript of a conversation between Rep. DesJarlais and the unidentified woman clearly demonstrates the pair began a sexual relationship when Rep. DesJarlais was her treating physician. The transcript also reveals the pro-life congressman urging the woman, whom he believed might have been pregnant with his child, to have an abortion. Rep. DesJarlais has not contested the authenticity of the transcript and has admitted to the relationship.
CREW Executive Director Melanie Sloan stated, “Tennessee law is crystal clear: Doctors are prohibited from engaging in sexual relationships with patients. The only question remaining is, now that Tennessee authorities are aware of Rep. DesJarlais’ blatantly unethical and scurrilous conduct, what are they going to do about it?”
During the conversation, the woman blamed their predicament on Rep. DesJarlais, noting it was his “fault for sleeping with your patient.” Rep. DesJarlais responded that she had initiated the relationship by suggesting he ask her out after he called to check on her foot.
According to the Tennessee State Board of Medical Examiners’ Sexual Misconduct Statement and Policy, “sexual contact with a patient is misconduct and is considered to be a violation of T.C.A. Section 63-6-214(b)(1),” which prohibits unprofessional, dishonorable or unethical conduct. The policy makes clear that whether the patient consented to or initiated the sexual contact is immaterial; the physician is strictly liable. Possible penalties for violations include restrictions on a physician’s practice as well as the suspension or even revocation of his medical license.
Sloan continued, “It is hard to imagine behavior much more craven than a married doctor exploiting his position to conduct a sexual relationship with a patient. It is mind-boggling that when confronted with the patient/mistress’s possible pregnancy, this ardent pro-lifer urged her to have an abortion. How much hypocrisy can we stand? Where is Speaker John Boehner’s much-touted zero tolerance for unethical conduct now?”

Note: Text of the letter to Department of Health is HERE.
In response to an emailed inquiry about the letter, Department of Health spokesman Woody McMillan responded: Anyone can file a complaint with our Complaints Division. The complainant does not have to be a Tennessee resident. Our investigators follow up on each complaint received. We could not speak to a time line, as each complaint is evaluated based on the issues involved.