John P. “Jack” Eastham, Esq., a member of the three-member Hearing Committee designated to hear an attorney disciplinary case initiated by Judge Linda Vanzi against Attorney Stuart Stein (the “Clinesmith Matter”), was overheard whispering to Hearing Committee Chairman Robert P. Tinnin, Jr., Esq., “Let’s deny these motions and get to the evidence. Let’s move along.” This unethical and prejudicial comment occurred on August 28, 2006, the first day of the hearing on the merits in the case before Mr. Stein finished presenting his pre-trial motions. Mr. Tinnin did not acknowledge the comment of Mr. Eastham on the record. All of the motions were denied.

The next day Mr. Stein chastised Mr. Tinnin: “. . . from this side of the podium, I have two prosecutors here, Mr. Widman and yourself, Mr. Chairman. Because no matter what motion I bring, if there is a way for this court [sic] to rule in favor of the prosecution, of the Discipline Office, it seems to find it.” It was then that Stein confronted Eastham by quoting his injudicious statement back to him. The truth of the quote is confirmed by a response of absolute silence by the three hearing committee members. No affirmative denial of the truth of the statement was made.

No substantive motion made by Stein has been granted by this Committee. Two motions for discovery were denied out of hand by Chairman Tinnin. Both motions requested the right to take depositions of witnesses, propound requests for admissions, requests for production of documents and the right to propound interrogatories to obtain the theories of the prosecution. Basic discovery.

Joel Widman, Deputy Disciplinary Counsel assigned to investigate and prosecute the case, had no problem getting his positions supported by the Committee. But he needed very little from them. He didn’t need discovery. Every lawyer in the Clinesmith Case had to cooperate with him - and they did - because the Rules of Professional Conduct turn all lawyers into informers and rat finks when reminded to do so by discipline counsel. And disciplinary counsel always remind lawyers of their informant responsibility when information is needed. (See, Rule 16-803.D) Disciplinary counsel has the right and power to do all their discovery, including depositions, production of records and interrogatories, before filing any charges. (See, Rule 17-306A) (more…)