In re Tenenbaum

Summary

The Supreme Court of Delaware reviewed attorney disciplinary charges against Joel D. Tenenbaum arising from alleged indecent exposure, sexual assault, and unlawful imprisonment involving a former client. The Court affirmed the Board on Professional Responsibility's findings that the misconduct was proven by clear and convincing evidence and rejected Tenenbaum's laches and due process defenses. The Court ordered that Tenenbaum be disbarred.

Holdings

1. The Board's findings that Tenenbaum committed indecent exposure, sexual assault, and unlawful imprisonment involving moral turpitude, in violation of former DR 1-102(A)(3), were supported by clear and convincing evidence and were affirmed.
2. Laches may be considered in a Delaware lawyer disciplinary proceeding, but the mere passage of time is insufficient; the respondent must prove both unreasonable delay and prejudice resulting from the delay. Tenenbaum failed to establish both elements, and his due-process defense was properly rejected.
3. Disbarment was appropriate because any lesser sanction would fail to protect the public, deter similar misconduct, preserve the integrity of the profession, and maintain public confidence in Delaware's disciplinary process.

Questions Presented

1. Whether the Office of Disciplinary Counsel established by clear and convincing evidence that Tenenbaum engaged in illegal conduct involving moral turpitude in violation of former DR 1-102(A)(3).
2. Whether a delay of more than twenty-two years barred the disciplinary proceeding under laches or violated due process.
3. Whether disbarment was the appropriate sanction for the established misconduct.

Disposition

other