District of Columbia, September, 2005, State Case law

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State Courts - District of Columbia - September 9 - September 20, 2005

Y. J. K. v. D.A., CASE NO. DRB-1911-04, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, FAMILY COURT, September 9, 2005
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Overview: Because a mother did not demonstrate any connection between an 11-year-old psychological evaluation and the father's alleged conduct, and the custody proceeding was not statutorily excepted by D.C. Code Ann. ? 4-1321.05, the mother did not present or proffer sufficient grounds to override the physician-patient privilege in D.C. Code Ann. ? 14-307.

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Jung v. George Washington Univ., No. 99-CV-1087, DISTRICT OF COLUMBIA COURT OF APPEALS, September 14, 2005, Filed
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District of Columbia v. D.C. Office of Emple. Appeals, 03-CV-667, DISTRICT OF COLUMBIA COURT OF APPEALS, September 15, 2005, Decided
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Overview: Because the Inspector General's report did not conclude the criminal investigation of a police department employee, the trial court erred in determining that the 45-day time period in D.C. Code Ann. ? 1.617.1(b-1)(2) (1992) began to toll at that time.

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In re Bailey, No. 03-BG-171, DISTRICT OF COLUMBIA COURT OF APPEALS, September 15, 2005, Decided
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Overview: An attorney negligently misappropriated funds under D.C. R. Prof. Conduct 1.15. He withdrew settlement funds from the client trust account that the attorney had assigned to a doctor for medical services rendered. The act was negligent; the attorney never tried to hide his use of the funds, and he testified that he intended to pay the doctor.

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In re Miller, No. 05-BG-203, DISTRICT OF COLUMBIA COURT OF APPEALS, September 15, 2005, Decided
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Overview: Attorney was publicly reprimanded in the District of Columbia after Maryland publicly reprimanded him for the unauthorized practice of law in Mississippi. The public reprimand was the functional equivalent Maryland's sanction, a reasonable sanction, and not inconsistent with discipline imposed in similar cases.

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In re Morris, No. 04-BG-846 & 04-BG-993, DISTRICT OF COLUMBIA COURT OF APPEALS, September 15, 2005, Filed
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Herbin v. Hoeffel, No. 04-CV-907, DISTRICT OF COLUMBIA COURT OF APPEALS, September 20, 2005, * Decided * The decision in this case was originally issued as an unpublished Memorandum Opinion and Judgment. It is now being published, with minor alterations, at the request of appellees.
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Overview: Because there was no attorney-client relationship between a criminal defendant and an attorney, the attorney had no duty under D.C. R. Prof. Conduct 1.6 to preserve the confidentiality of information received during a personal relationship; thus, the attorney, the public defender service, and its director were all entitled to summary judgment.

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