Updated May 22, 2000, 7:57 p.m. ET
Arkansas panel recommends Clinton be disbarred over sexual misconduct in Paula Jones sex case
LITTLE ROCK, Ark. (AP) Delivering a post-impeachment rebuke,
an Arkansas Supreme Court committee decided Monday that President
Clinton should be disbarred for "serious misconduct" in the Paula
Jones case and began the court proceeding to strip him of his law license.
A majority of the panelists who met on Friday said the president
should be disciplined for denying a sexual relationship with Monica
Lewinsky during a deposition he gave in the Jones sexual harassment
case in January 1998.
The recommendation from the Committee of Professional Conduct
now goes to a Circuit Court judge in Little Rock for disbarment
proceedings. If the judge disbars Clinton, the president can appeal
to the state Supreme Court.
Clinton attorney David Kendall said in a statement: "This
recommendation is wrong and clearly contradicted by precedent. We
will vigorously dispute it in a court of law."
Clinton told NBC News that he will not personally defend himself
at the disbarment proceedings because it would interfere with his
duties as president.
"The only reason I agreed even to an appeal of this is, my
lawyers looked at all the precedents and they said, 'There's no way
in the world if they just treat you like everybody else has been
treated, that this is even close to that kind of case,"' he said.
The action against Clinton's license marks the third form of
punishment the president has faced for his false testimony in the
Jones case. He was impeached by the House, then acquitted at a
Senate trial. And a federal judge fined him after finding him in
contempt of court.
The president has insisted that he did not lie when he denied
having a sexual relationship with Lewinsky; he has said that the
relationship did not meet the definition of sex that was given at
the start of the deposition.
Clinton, who was Arkansas governor from 1979 to 1981 and again
from 1983 until he was elected president in 1992, has been a lawyer
for more than 25 years and taught at the University of Arkansas law
school. He has not practiced since the early 1980s, between his
first and second terms as governor.
"This action is being taken against (Clinton) as a result of
the formal complaints ... and the findings by a majority of the
committee that certain of the attorney's conduct, as demonstrated
in the complaint, constituted serious misconduct," in violation of
state rules governing lawyers, the disciplinary committee's
executive director, James Neal, said in a letter to the court monday.
The committee has 14 full-time members lawyers and nonlawyers
who sit in panels of seven. Because of Clinton's widespread
connections throughout the state, eight of the panelists bowed out
before Friday's meeting, most of them citing potential conflicts of interest.
Of the six who heard Clinton's case, five are lawyers and the
sixth is a retired schoolteacher.
The Southeastern Legal Foundation, a conservative law firm in
Atlanta, and U.S. District Judge Susan Webber Wright, who presided
over the Jones case, had filed the complaints against Clinton with
the committee. The foundation wanted Clinton disbarred; Wright
who last year cited Clinton for civil contempt and fined him
$90,000 for giving "intentionally false" testimony did not
suggest a specific penalty from the committee.
"This is a confirmation that the legal system will police its
own, regardless of the position held by the attorney in question,"
said Matt Glavin, president of the foundation. "Remember, this is
the first time in American history that a sitting president faced
disciplinary proceedings."
President Nixon was disbarred by a New York court after
resigning over the Watergate scandal in 1974.
Clinton sought something no harsher than a letter of reprimand,
according to Glavin.
In his deposition, Clinton said: "I have never had sexual
relations with Monica Lewinsky." He acknowledged Aug. 17 before a
federal grand jury and again in a nationally televised address
that he had an inappropriate relationship with Lewinsky.
In Jones' sexual harassment case, the former state employee
alleged that Clinton exposed himself to her and made a sexual
advance in a Little Rock hotel room in 1991.
Wright dismissed Jones' case in 1998, saying that what Clinton
was alleged to have done may have been "boorish" but did not
amount to sexual harassment. A year later, when the judge found
Clinton in contempt, she said his misleading testimony had no
bearing on the outcome of the case.
Jones lawyers' drew Lewinsky into the case in an attempt to show
a pattern of sexual misconduct by Clinton. Independent counsel
Kenneth Starr then picked up the trail, and his investigation led
to Clinton's impeachment.
An attorney for Jones, Gilbert K. Davis, said the disbarment
ruling was a "victory for all Americans."
"I look at it as a benefit to the judicial system," he said.
"Courts don't have police and armies to enforce their policies.
It's an important lesson that needs to be driven home to Americans,
that we value this system."
Some law professors agreed with the ruling, while others said it
was uncalled for.
Akhil Amar of Yale University said disbarment "may be a good
punishment that fits the crime," while impeachment and removal
from office "was seen as disproportionate." However, Amar
questioned whether it would have been wiser to wait until after
Clinton left office.
Paul Rothstein at Georgetown University said that "in my view,
he has been punished" and that the committee should have
recommended a reprimand at most.
"I think it is piling on," Rothstein said. "I think he is
being punished more for his prominence."
|