From:

http://www.ardemgaz.com/today/ark/A1yclinton19.html

Clinton Body Count
http://etherzone.com/body.html

Arkansas Democrat-Gazette
Friday, May 19, 2000

Six are left to determine license case of Clinton

By MICHAEL ROWETT

Five more members of the Arkansas Supreme Court committee that
will decide whether President Clinton keeps his Arkansas law
license have recused from participating in the matter, committee
officials confirmed Thursday.

    The latest recusals were from Committee on Professional
Conduct members Bart Virden of Morrilton and Dr. Patricia
Youngdahl of Little Rock and Alternate Committee on Professional
Conduct members Dr. Rose Word of Pine Bluff, Rita Mitchell-Harvey
of Little Rock and Harry Truman Moore of Paragould.

    These recusals bring to eight the number of recusals out of
the combined committees' membership of 14. Members of the
alternate committee normally substitute for regular committee
members who recuse themselves from a matter or are unavailable.

    Three lawyer members of the alternate committee will serve
with the three remaining members of the regular committee to make
a panel of six, regular committee Chairman Ken Reeves of
Harrison, a lawyer, said Thursday.

    He said the latest recusals came several months ago, but he
wasn't sure of the dates. Committee Executive Director James A.
Neal of Little Rock declined to provide copies of any recusal
letters but confirmed that Virden, Youngdahl, Word and
Mitchell-Harvey had recused.

    Moore, a lawyer, said Thursday that he accepted the state
Supreme Court's appointment to the alternate committee with the
understanding that he would recuse from the Clinton matter.

    The committee meets today, but the session is closed to the
public and the agenda is not disclosed. Neither Reeves nor Neal
would comment on whether it is about the Clinton matter.

    Under rules governing the committee, a quorum of four members
is required to conduct business. A vote to sanction Clinton would
require support from four of the six members who will consider
the matter.

    If the committee votes to impose a caution, a reprimand, a
suspension or disbarment, the decision would not be announced by
the committee for at least 30 days, but either Clinton or the
foundation that filed the complaint against Clinton could release
it earlier, Reeves said.

    Youngdahl, a psychologist, and Virden, a lawyer, have
contributed $1,925 and $625, respectively, to the campaigns of
Democratic candidates or the Arkansas Democratic Party, according
to a review of federal campaign contribution databases by the
Arkansas Democrat-Gazette.

    Moore replaces David Solomon, a Helena lawyer, whose term
expired in March. Solomon contributed $1,000 to Clinton's 1992
presidential campaign and $2,250 to other Democratic candidates
over 10 years. A review of contribution databases Thursday by the
Democrat-Gazette showed that Moore has contributed $5,200 to
Democratic candidates and campaign committees since 1992. Moore's
contributions include $500 to Clinton's 1992 presidential
campaign, $1,000 to Clinton's 1996 campaign and $1,000 to Vice
President Gore's 2000 presidential bid.

    "I knew questions would come up about my past connections and
contributions to Clinton because I've been a longtime Clinton
supporter," Moore said. "I didn't feel it would be appropriate
for me to participate in this matter."

    No campaign contributions were reported for Mitchell-Harvey,
owner of a women's clothing store, or Word, whose occupation
wasn't available.

    Matthew Glavin, president of the Southeastern Legal
Foundation of Atlanta, which filed the original ethics complaint
in September 1998 seeking the president's disbarment, commended
the members who recused.

    The complaint filed by the committee against Clinton in
February is based on the foundation's complaint and an April 1999
referral from Chief U.S. District Judge Susan Webber Wright of
Little Rock.

    "It is heartening to know that Arkansas committee members who
have recused themselves for apparent or perceived political
reasons are helping to maintain the integrity of this process,"
Glavin said.

    "It is especially gratifying to see that attorneys on the
committee, who are held to a higher ethical standard, are
recusing themselves despite the absence of any obvious political
taint. We believe these actions will help keep this process above
reproach," he said.

    Virden said his contributions to Democratic congressional
candidates Blanche Lincoln and Vic Snyder had nothing to do with
his decision to recuse. He said he recused out of concern for the
committee's reputation for integrity, which he said has been
unfairly questioned by the foundation and in Democrat-Gazette
editorials calling for Virden and others who contributed to
Democratic causes to recuse.

    "There are two reasons, in a nutshell," Virden said. "One is,
I didn't want to provide any kind of further ammunition for [the
foundation] or the likes of your editorial board," Virden said.
"And second, I think how [the foundation] is using the committee
and the committee's procedure is wrong.

    "This has nothing to do with my feelings about the merits of
the complaint," Virden said.

    He said that since he recused, he hasn't read any of the
materials sent to the committee by either the foundation or the
president. He said it's obvious that the foundation's complaint
against the president is politically motivated, and the
foundation's stated reasons of protecting the rule of law are
"ludicrous."

    "I doubt there's anyone over the age of 4 in Arkansas who
believes that's what they're trying to do," Virden said.
Mitchell-Harvey and Youngdahl didn't return telephone messages
seeking comment on their reasons for recusing. Word's phone
number is unlisted.

    Alternate Committee member Dick Hatfield of Little Rock, a
lawyer who has contributed $10,250 to Democratic causes,
including $1,500 to Clinton's two presidential campaigns, recused
from the Clinton case in early February.

    Regular committee members Carlton Bailey of Fayetteville, a
law professor at the University of Arkansas at Fayetteville
School of Law, and Richard A. Reid of Blytheville, a lawyer, also
recused in February. Reid had contributed $700 to a Democratic
congressional candidate and the state Democratic Party. No
contributions from Bailey were listed in the databases.

    Federal campaign contribution databases report contributions
of $200 or more.

    No contributions to Republican candidates or the Republican
Party were listed for any of the 14 members of the regular or
alternate committees.

    The formal complaint against Clinton accuses him of violating
Rule 8.4 (c), which forbids Arkansas lawyers from engaging in
deceit, and Rule 8.4 (d), which forbids conduct prejudicial to
the administration of justice.

    The committee could take no action, issue letters of
reprimand, suspend Clinton's license or initiate disbarment
proceedings in circuit court. From there, a case could be
appealed to the state Supreme Court. The committee's
deliberations are held in secret unless the lawyer requests a
public hearing.

    Section 4 (C) of the rules states that when a letter of
caution, reprimand or suspension becomes final under the
procedures, the information is filed as a public record with the
state Supreme Court clerk's office in Little Rock.

    But if the committee votes to take no disciplinary action
against a lawyer, the executive director notifies only the
complainant and the lawyer. A monthly report of dismissed cases
is filed in the clerk's office by docket number only.

    For sanctions less than disbarment -- caution, reprimand or
suspension of a lawyer's license to practice -- Clinton could
request a public hearing before the committee. If the committee
declines to change its decision at the hearing, Clinton could
appeal the decision directly to the state Supreme Court.

    If the committee votes to initiate disbarment proceedings
against Clinton, the vote is filed in circuit court, and Clinton
isn't allowed a public hearing before the committee. The matter
is referred to a circuit judge, who can affirm the committee's
sanction, impose a lesser or greater sanction or no sanction at
all. The circuit judge's decision could be appealed to the state
Supreme Court by either Clinton or the professional conduct
committee.

    Glavin has characterized Clinton's response to the formal
complaint as "a pathetic attempt to defend the indefensible." The
foundation has not provided a copy of Clinton's response, but
Glavin said that Clinton admitted making misleading statements
while arguing for 50 pages that he did not commit perjury.

    Clinton's argument, which favored a reprimand rather than
suspension or disbarment, cited his service as governor of
Arkansas and president as a mitigating factor. The foundation
contends that Clinton's office should actually be an "aggravating
factor" because the American Bar Association's guidelines provide
for lawyers in public office to be held to higher standards.

    David Kendall, the president's personal attorney, said last
week that the foundation's public discussion of its complaint
against Clinton is "just another part of the long-running
partisan mudslinging campaign against the president."

    The original complaint was filed jointly Sept. 15, 1998, by
the foundation and L. Lynn Hogue, chairman of its legal advisory
board. Hogue, a licensed Arkansas lawyer, is a law professor at
Georgia State University.

       Clinton, a former law professor at the University of
Arkansas School of Law in Fayetteville, has been licensed to
practice law in his home state since 1973 but has not done so
since 1981-82 between his first two terms as governor.


This article was published on Friday, May 19, 2000 Copyright �
2000, Arkansas Democrat-Gazette, Inc.


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