PCB 30

[01-May-1992]

                             STATE OF VERMONT

                        PROFESSIONAL CONDUCT BOARD



In re:  PCB 91.07


                            NOTICE OF DECISION
                                 PCB #  30


     This matter was submitted by stipulation to the facts and conclusions of
law.  Upon consideration of the submitted stipulation, the Board concludes 
that respondent violated DR 7-106(C)(6) (in appearing in his professional
capacity before a tribunal, a lawyer shall not engage in undignified or
discourteous conduct which is degrading to a tribunal.)
    The Board's findings of fact in support of this conclusion and its decision
as to the appropriate sanction to be imposed are as follows: 
                                   FACTS
    l.  Respondent is an attorney licensed in the State of Vermont.
    2.  Respondent represented the defendant in a sexual assault case.
    3.  After trial, the jury acquitted the defendant.
    4.  Subsequently, respondent represented the defendant in an arraignment 
of that defendant in another case.
    5.  Prior to the arraignment and while court was in recess, the respondent
had a disagreement with the prosecutor.
    6.  During their discussion, which occurred at defense counsel's table in 
the courtroom, the respondent said to the prosecutor, "Go fuck yourself."
    7. This statement was overheard by a court personnel and other persons in 
the court.  It generated publicity in the local newspaper.
                                    SANCTIONS
     The Board expects the bar to observe a high standard of professional 
decorum.  This is the second time in which we have been presented with a 
situation where a member of the bar has used crude or offensive language while 
appearing as an attorney in court. See PCB Decision No. 19, PCB File No. 90.41
(November 1, 1991). As this event occurred prior to our issuance of the 
decision in PCB File No. 90.41, we will impose only a private admonition in
this case. 
     Dated at Barre this 1st day of May 1992.

                                  PROFESSIONAL CONDUCT BOARD
     /s/                           /s/
_____________________________     ________________________________
Anne K. Batten                    J. Eric Anderson, Chairman


                                   /s/
____________________________       _______________________________
Deborah S. Banse, Esq.             Hamilton Davis

     /s/                           /s/
_____________________________      _______________________________
Leslie G. Black, Esq.              Shelley A. Hill, Esq.

     /s/
_____________________________      _______________________________
Richard Brock, Esq.           Rosalyn L. Hunneman           

     /s/                           /s/
_____________________________      _______________________________
Joseph Cahill, Jr., Esq.      Donald Marsh

     /s/
_____________________________      ________________________________
Nancy Corsones, Esq.               Karen Miller, Esq.

     /s/                      
______________________________     ________________________________
Christopher L. Davis, Esq.         Edward Zuccaro, Esq.