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In re Reynolds2/10/2005
n one with an interlock ignition device. HC Rpt. Finding 2.
5. The 1998 DWI convictions were based on arrests made in October 1996 and September 1997. Following the 1996 arrest, Petitioner was incarcerated for five months for violation of the 1995 sentencing order. Petitioner had failed to complete the alcohol abuse program as had been ordered, and had operated an automobile without the interlock device. When he was interviewed by the Probation Department for its investigative report, although Petitioner was plainly drunk at the time of the 1996 and 1997 arrests, he denied use of alcohol on either occasion. His arrest in September 1997 followed by only two weeks his completion of the five months incarceration. HC Rpt. Finding 3.
6. Petitioner was in jail on his 1998 sentence until December 9, 1999, when he was released on probation. HC Rpt. Finding 5.
7. While he was incarcerated, on May 25, 1999, Respondent filed a petition with the Virginia State Bar Disciplinary Board requesting leave to surrender his license to practice law in Virginia. BX 8 at 2. On May 26, 1999, the Virginia Board issued an order revoking Petitioner's license and striking his name from the Roll of Attorneys in Virginia. Id. Virginia considers such action the "[imposition] of public discipline." BX 8 at 1.
8. Petitioner's adjustment to parole supervision after his release was "unfavorable." BX 10 at 1. On January 5, 2000, he tested positive for alcohol. He was on court-ordered outpatient substance abuse treatment. On four occasions in January-February 2000, he refused to submit to urinalysis tests when ordered by his probation officer. HC Rpt. Finding 5.
9. Hearing Committee Number Two issued its Report and Recommendation in BDN 506-97 on January 19, 2000, finding that the 1998 convictions, in the context of the four previous convictions, showed a pattern of criminal acts that reflected adversely on Petitioner's fitness as a lawyer and therefore violated Rule 8.4(b). BX 5 at 6; HC. Rpt. Finding 4.
10. On February 25, 2000, Petitioner tested positive for alcohol when meeting with his outpatient treatment counselor. He was then directed to enter and complete a detoxification program. He was in detoxification from February 26 to March 7, 2000. On March 10, 2000, Petitioner reported intoxicated to his substance abuse treatment program, and was shortly thereafter arrested for being drunk in public. On March 11, 2000, Petitioner re-entered detoxification and was taken to Phoenix House on March 20, 2000. On March 31, 2000, he absconded from Phoenix House. HC Rpt. Finding 5.
11. He returned the next day asking to be re-admitted. He was "obviously intoxicated," and tested positive for alcohol. BX 11 at 1. He also said he wanted to commit suicide. He was referred to Arlington Psychiatric Hospital. He was re-admitted to Phoenix House on April 10, 2000. His probation officer warned him that he would return to jail if he did not complete the Phoenix House program. On April 19, 2000, Petitioner was sent to CVS to refill some prescriptions. He left his escort and went to a bar, saying that he wished to use the men's room. After about an hour he returned to Phoenix House, and was again tested positive for alcohol. As on numerous other occasions, he denied using alcohol. The probation officer was informed, and Petitioner was arrested again on April 20, 2000. HC Rpt. Finding 6.
12. Petitioner "was very resistant to receiving substance abuse treatment" at Phoenix House. BX 11 at 1. Petitioner's "attitude and behavior while at the Phoenix Program indicated a great deal of denial and resistance to recognizing himself as an alcoholic who is in need of treatment."
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