NCJ Number
116044
Journal
ABA Journal Volume: 75 Dated: (March 1989) Pages: 15-16
Date Published
1989
Length
2 pages
Annotation
A New York State appellate court has found that a lawyer's drug addiction made him delusional, thus mitigated his responsibility for converting a client's escrow funds to private use.
Abstract
In 1988, In re Steven Winston, the court disagreeing with a disciplinary panel recommendation for disbarment, held that Winston's cocaine addiction put him out of contact with reality to an extent sufficient to raise serious doubts as to the willfulness of his actions and whether his actions were to a significant extent caused by a cocaine-induced mental illness. While his mental illness did not excuse his misconduct, the court held that it may be considered in mitigation of the sanction imposed and decided to suspend the attorney for 3 years, if he can prove his continued recovery. The court also recognized that Winston had remained drug free since seeking treatment following his 1986 suspension and had involved himself in directing special activities at a drug treatment center, speaking before civic groups, and helping on other nonlegal activities. Photograph.