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In re Soininen10/25/2001
On Report and Recommendation of the Board on Professional Responsibility
Julia A. Soininen has a long standing problem with abuse of both alcohol and doctor prescribed anti-anxiety medication. In the view of the Board on Professional Responsibility, Bar Counsel, and Ms. Soininen, her addiction to these substances "substantially affected" the conduct which culminated in her conviction of two misdemeanors in the State of Virginia, and brings the matter to us. They all are in agreement that Soininen thus deserves the benefits of our holding in Kersey. We agree.
On May 25, 1999, Soininen pled guilty to the misdemeanor offenses of theft and possession of a Schedule III controlled substance, not obtained pursuant to a valid prescription. She was sentenced to ninety days imprisonment, with the execution of the confinement suspended, and fined $100 on each charge. She timely reported these matters to the Board on Professional Responsibility, submitting a certified copy of the judgment of convictions.
The underlying misconduct occurred in April, 1999. The Board's Report states:
On April 15, Respondent was arrested by Fairfax County, Virginia, police on a charge of driving while intoxicated in violation of Section 18.2-266 (82-I-6) of the Code of Virginia. Thereafter, on the evening of April 28, 1999, after having attended an Alcoholics Anonymous meeting, Respondent attempted to steal flowers and potting soil valued at less than $200 from Sam's Nursery, an establishment which she passed on her way home from the meeting. This was a spontaneous event, resulting from her feelings of frustration and guilt while at the Alcoholics Anonymous meeting.
When arrested, Soininen was in possession of a Schedule III controlled substance (the painkiller Vicodin), which had not been prescribed for her.
These matters were reported to this court by the Board in the fall of 1999. On September 9, 1999, we entered an order pursuant to D.C. Bar R. XI, § 10 (c) suspending her and directing the Board to determine whether the offenses or conduct involved moral turpitude, within the meaning of D.C. Code § 11-2503 (a). The Board recognized that since the convictions were misdemeanors, they did not per se constitute moral turpitude. In re McBride, 602 A.2d 626, 629 (D.C. 1992). They referred the matter to a Hearing Committee to determine whether the underlying conduct did.
Hearing Committee Number One concluded that the underlying conduct did not involve moral turpitude. After hearing extensive testimony concerning Soininen's addiction to alcohol and prescribed anti-anxiety medication (Klonipin), the Hearing Committee determined that while Soininen's conduct violated Rules 8.4 (b) and (c) of the District of Columbia Rules of Professional Conduct, she had established by clear and convincing evidence that her conduct was "substantially affected by her addiction." Applying Kersey, supra, 520 A.2d at 321, and In re Temple, 596 A.2d 585 (D.C. 1991) (Kersey applied where respondent addicted to lawfully obtained prescription drugs), the Hearing Committee recommended a thirty-day suspension, stayed with probation for two years, on condition that respondent maintain her sobriety with appropriate monitoring and reporting. Neither Bar Counsel nor Soininen filed exceptions before the Board to the Hearing Committee Report and Recommendations. The Board on Professional Responsibility concurred with the Hearing Committee and adopted its Report and Recommendations. Neither Bar Counsel nor Soininen opposes the Board's recommendation in this court.
Under our rules, we must impose the sanction recommended by the Board "unless to do so would foster a tendency to
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