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In re Charges of Unprofessional Conduct Contained in Panel Case No. 1597611/27/2002
t to perform his job in the courtroom. But here we have the perceived rights of two disabled persons potentially in conflict with one another. Respondent's client also suffers from a disability. Respondent's client was concerned that the jury would compare the law clerk's more severe disability with his less severe disability and that comparison would unduly influence the jury to decide against him on his claims and deprive him of a fair trial. Ironically, the concern of respondent's client, as argued by respondent, was not that the law clerk's disability prevented him from capably performing his job, but that the law clerk's demonstrated capability would diminish the client's disability claim. Respondent's motion can be viewed as an inappropriate attempt to address the respective rights of two disabled persons, rather than elevating the rights of one over the rights of another. If respondent was concerned that the jury might make improper comparisons, respondent could have addressed those concerns during voir dire. Nonetheless, when viewed in context, we conclude that the Panel did not act arbitrarily, capriciously or unreasonably by finding that respondent's conduct in this particular situation was non-serious.
Any discriminatory effect from the motion was indirect because respondent did not exercise any authority or control over the disabled clerk. In contrast, the prosecutor in In re Panel File 98-26 misused the power of the state by interfering with a defendant's right to counsel in seeking to prevent the public defender from representing the defendant based solely on the public defender's race. See 597 N.W.2d 563. Taking into consideration the unique circumstances of this case, we conclude that the Panel did not act arbitrarily, capriciously, or unreasonably by issuing an amended admonition to respondent.
So Ordered.
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