IN RE PEEK

No. 89-128.

565 A.2d 627 (1989)

In re Harold B. PEEK, A Member of the Bar of the District of Columbia Court of Appeals.

District of Columbia Court of Appeals.

Decided November 3, 1989.


Attorney(s) appearing for the Case

Elizabeth A. Herman, Office of Bar Counsel, Baltimore, Md., for the Bd. on Professional Responsibility, majority report.

Joan L. Goldfrank, Executive Atty., for the Bd. on Professional Responsibility, minority report.

John W. Karr, Washington, D.C. for respondent.

Before FERREN and FARRELL, Associate Judges, and GALLAGHER, Senior Judge.


FERREN, Associate Judge:

This disciplinary proceeding presents two principal questions: (1) whether an attorney's chronic depression at the time of misconduct may be used as a mitigating factor in fashioning the appropriate disposition, and (2) if so, whether the attorney's depression may serve as the basis for imposing a period of probation, premised on mitigation, that exceeds the period of suspension from the practice of law that would otherwise be warranted. The...

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