In the cases listed below, there are disciplinary proceedings pending. Files in these cases are a matter of public record and available for examination at the Office of the Professional Responsibility Board, 1st Floor of the Supreme Court Building, 111 State Street, Montpelier.

Ewald, Daniel W.

Ewald, Daniel W.
Respondent’s Counsel: John J. Boylan, III, Esq.
Disciplinary Counsel: Jon Alexander
Case Number: PRB-013-2023
Status: ASSIGNED TO HEARING PANEL. On October 17, 2023, Disciplinary Counsel filed a Petition of Misconduct. Hearing Panel 6 was assigned to the case on October 18, 2023. Respondent’s Counsel filed a Notice of Appearance on November 6, 2023 with the Respondent’s Answer to the Petition. On November 16, 2023, the Hearing Panel issued an order requesting that the Parties submit a jointly proposed Scheduling Order. The proposed Scheduling order was filed and sent to the Panel on December 14, 2023. The Hearing Panel issued a signed scheduling order on December 15, 2023. A notice of Merits Hearing was sent to the Parties on January 3, 2024 scheduling a two-day hearing for August 5th and 6th, 2024. The hearing will be held remotely via link, posted here as the date nears. On February 26, 2024, Disciplinary Counsel filed a Stipulated Motion to Extend Merits Hearing. On March 18, 2024, a Notice of Continued Merits Hearing was sent, rescheduling a two-day Merits Hearing from August to September 26 and 27, 2024. On May 15, 2024, the Parties filed a Stipulated Motion to Amend Scheduling Order and a Proposed First Amended Scheduling Order. On May 17, 2024, the Hearing Panel issued an amended Scheduling Order. 

Documentation:

 

Fink, Melvin

Fink, Melvin
Respondent’s Counsel: David Sleigh

Disciplinary Counsel: Jon Alexander
Docket Number: PRB Docket No. 2019-012
Status: ASSIGNED TO HEARING PANEL. On February 20, 2019 a Petition of Misconduct was filed. Hearing Panel was assigned on February 27, 2019. Respondent’s Counsel filed an Answer with a Request for Stay of the Proceedings on February 27, 2019. Disciplinary Counsel filed no objection to stay on February 28, 2019. On March 8, Hearing Panel issued an Order requesting information filed in the criminal proceeding and any terms or conditions or release pending trial. On March 8, 2019, Respondent’s Counsel filed the Information and Conditions of Release in State v. Melvin Fink, Docket No. 124-1-19, as ordered by the Hearing Panel. On March 28, 2019 the Hearing Panel filed a Ruling on Request to Stay granting the motion with conditions. On March 29, 2019, Disciplinary Counsel filed a Motion for Reconsideration. The Motion was joined by Respondent. On May 3, 2019, the Hearing Panel issued a ruling on the motion amending the Panel’s March 28, 2019 decision. On September 9, 2021, Disciplinary Counsel filed a Partial Objection to Respondent’s Witness List, a Partial Objection to Respondent’s “Hearing Memo to the Board,” and exhibits not yet admitted into evidence. On December 13, 2022, Disciplinary Counsel filed a Motion to Withdraw. A Notice of Appearance was filed by Disciplinary Counsel Jon Alexander on February 2, 2024. On the same date, Disciplinary Counsel filed a Motion to Lift the Stay with Exhibits. On February 13, 2024, Disciplinary Counsel filed a Motion to Amend Petition of Misconduct with eight exhibits, which included a proposed amended petition. On February 21, 2024, Counsel for the Respondent filed a Motion to Enlarge Time and Notice of Opposition to Disciplinary Counsel's Motion to Lift Stay. On February 26, 2024, Counsel for the Respondent filed an Opposition to Disciplinary Counsel's Motion to Amend Petition. On March 6, 2024, Disciplinary Counsel filed a Reply in further support of his Motion to Lift Stay. On March 11, 2024, Disciplinary Counsel filed a Reply in Further Support of Motion to Amend Petition of Misconduct. On March 27, 2024, the Hearing Panel issued an order in response to Disciplinary Counsel's Motion to Lift Stay, and Counsel for the Respondent's Motion to Enlarge Time. On May 23, 2024, Counsel for the Respondent filed a Notice of Dismissal signed by the Judge re case no. 124-1-19 Bncr. On July 10, 2024, Disciplinary Counsel filed a Renewed Motion to Lift Stay. 

Documentation:

Nawrath, W. Michael

Nawrath, W. Michael
Respondent’s Counsel: Alexander Dean
Disciplinary Counsel: Samantha V. Lednicky
Case Number: PRB-124-2022, PRB-076-2022
Status: On October 12, 2023, Special Disciplinary Counsel Samantha Lednicky filed a Petition of Misconduct. Hearing Panel 5 was assigned on October 17, 2023. The respondent filed an answer on November 6, 2023. On November 22, 2023, Alexander Dean submitted a Notice of Appearance to serve as Counsel for the Respondent. The Hearing Panel issue an order requesting that the Parties file a jointly proposed scheduling order. On December 7, 2023, Special Disciplinary Counsel Lednicky filed a Witness List with Exhibit. The Parties filed a Stipulated Proposed Scheduling Order on December 12, 2023. On the same day, Counsel for the Respondent filed Respondent’s Witness Disclosure. On December 12, 2023, the parties field a jointly proposed scheduling order. On December 14, 2023, the Hearing Panel issued the signed order. On January 3, 2024, a Notice of Merits Hearing was sent to the Parties scheduling a two-day Merits Hearing on July 15 and 16, 2024. The hearing will be accessible via livestream via link, posted here, as the date nears. On February 29, 2024, Counsel for the Respondent filed Supplemental Witness Disclosures. On April 1, 2024, Special Disciplinary Counsel filed a Discovery Certificate. On June 24, 2024, the Parties jointly filed a Motion to Continue re the July 15 and 16 scheduled Merits Hearing dates and a Proposed Amended Scheduling Order. On June 25, 2024, the Hearing Panel issued an order granting the Motion to Continue and accepting the Proposed, Amended Scheduling Order. On July 10, 2024, a Notice of Continued Hearing was issued scheduling a remote continued hearing on the merits issues for October 29 and 30th, 2024 at 9 a.m. each day. The hearing will be accessible via livestream via link, posted here, as the date nears.

Documentation:

 

Studdert-Kennedy, Theodore J.

Studdert-Kennedy, Theodore J.
Respondent’s Counsel: Theodore J. Studdert-Kennedy
Disciplinary Counsel: Ian Carleton, Hannah C. Waite
Docket Number: PRB-021-2022
Status: ASSIGNED TO HEARING PANEL. On June 15, 2022,  a Petition of Misconduct was filed. Hearing Panel 8 was assigned on June 21, 2022. On June 29, 2022, Counsel for the Respondent filed a Notice of Appearance, and a Motion to Extend Deadline to File Answer. The Hearing Panel issued an order on June 5, 2022 granting the extension. On July 20, 2022, the Counsel for the Respondent filed an answer. On August 17, 2022 the Hearing Panel issued a scheduling order. On August 29, 2022, Special Disciplinary Counsel filed a request to the Hearing Panel to modify the scheduling order. On August 30, 2022, Counsel for the Respondent filed their response. The Hearing Panel issued an amended Scheduling Order on August 31, 2022. On November 3, 2022, Special Disciplinary Counsel filed a Stipulated Motion to Amend Discovery Schedule and a Proposed Schedule. On November 4, 2022, the Hearing Panel issued a revised scheduling order. On March 2, 2023, Special Disciplinary Counsel filed a letter to the Hearing Panel. The Hearing Panel chair requested a response from the Respondent and a jointly agreed upon proposed date for the Stay. Counsel for the Respondent filed a reply and the proposed date on March 3, 2023. On March 22, 2023, the Hearing Panel responded to the request by Special Disciplinary Counsel for a stay. On April 20, 2023, Counsel for the Respondent filed a Motion for Protective Order. On Friday, April 21, 2023 the Hearing Panel requested and received a position from Special Disciplinary Counsel regarding the Motion for Protective Order. On April 27, 2023, Counsel for the Respondent sent an email to the Hearing Panel regarding the ruling. On April 28, 2023 the Hearing Panel approved the motion for a Protective Order. On the same day, Respondent’s Counsel submitted a Stipulated Findings of Fact and Recommended Conclusions of Law and Sanctions. By email dated June 28, 2023, the Hearing Panel requested that the parties provide proposed decisions. On July 20, 2023, Parties jointly filed proposed decisions to the Panel as requested. On August 22, 2023, the Hearing Panel issued PRB Decision Nos. 252 and 253. The decisions were transmitted to the Supreme court on the same day. The Court ordered a Review on their own motion on September 5, 2023. On May 3, 2024 the Court Issued their Final Order vacating the decisions and remanding the case to the Hearing Panel. The Hearing panel issued a Scheduling Order on May 14, 2024. On the same day, the Parties jointly responded to the Supreme Court Order. On May 31, 2024, Special Disciplinary Counsel filed a letter of available dates to the Hearing Panel for a Merits Hearing in the fall. On June 17, 2024, a Motion to Withdraw was filed by Counsel for the Respondent dated May 31, 2024. A Notice of Appearance and dates of availability were also filed on behalf of the respondent on June 17, 2024, dated May 31, 2024. Copies of emails accompanied both documents indicating that the opposing party was notified of the change on May 31, 2024. On July 8, 2024, a Notice of Hearing and Pre-hearing Conference was sent to the parties. The hearing will take place on September 25, 2024 at 9a.m. The pre-hearing conference is scheduled for September 11, 2025. 

Documentation:

Watts, Norman

Watts, Norman
Respondent’s Counsel:  Norman Watts
Disciplinary Counsel: Navah Spero, Alfonso Villegas
Docket Number: PRB Docket No. 2019-102 and 2020-011
Status: On March 18, 2021 a Petition of Misconduct was filed re PRB Nos. 2019-102 and 2020-011. The respondent filed a Motion for Extension of Time to File Answer on April 2, 2021. Hearing Panel 9 was assigned on April 7, 2021, with Attorney Eric Johnson replacing Panelist Kate Thomas who recused herself for this filing. Disciplinary Counsel filed a response to Respondent’s request for time extension. The Respondent filed a response to Disciplinary Counsel on April 7, 2021. On April 14, 2021, the Hearing Panel issued their ruling re Respondent’s request for Time Extension and Scheduling Order. The Respondent filed an Answer on May 21, 2021. On May 27, 2021, Respondent filed a Request for Production of Documents. On June 4, 2021 Respondent filed a Witness List. On the same day, a certificate of service acknowledging receipt was filed by Disciplinary Counsel. On July 7, 2021, the Respondent filed a Certificate of Service. On July 13, 2021, Special Disciplinary Counsel filed a Consented-to Motion to Substitute Expert. This was followed by a Request to Resolve Discovery Dispute on July 16th, 2021. The Hearing Panel issued a ruling on Special Disciplinary Counsel’s Consented-to Motion to substitute Counsel On July 19, 2021. On the same day, the Respondent filed email correspondence to the Panel. On July 22, 2021, Respondent files a Response to a Request to Resolve Discovery Dispute and a response to Special Disciplinary Counsel’s Requests to Produce. On July 27, 2021, Special Disciplinary Counsel files a reply in support of the Request to Resolve Discovery Dispute. On August 9, 2021, the Hearing Panel issued an Order on the Request to Resolve Discovery Dispute. On August 19, 2021 the Respondent filed a Motion to Extend Time. Special Disciplinary Counsel filed a response on August 20, 2021. The Hearing Panel issued an order on the decision on August 23, 2021. On August 30, 2021, the Respondent filed a Notice to Panel. This was followed on September 1, 2021 by filings by Special Disciplinary Counsel, including her Response to the Notice and Request for Sanctions, a Motion to Extend Scheduling Order and a Supplemental Memo to Resolve Discovery Dispute Related to Document Request 5. On September 8, 2021, Respondent filed a response to Special Disciplinary Counsel’s Response to the Notice and Request for Sanctions, a Motion to Extend Scheduling Order and a Supplemental Memo to Resolve Discovery Dispute Related to Document Request 5. The Hearing Panel Chair filed on Order on the Motions on September 28, 2021. On October 13, 2021, Special Disciplinary Counsel filed a Motion to Extend Time. The Hearing Panel issued an order on the motion on October 14, 2021. On October 15, 2021, Special Disciplinary Counsel  filed a supplemental Memorandum of Law on Discovery Sanctions. Respondent filed a motion to extend time on October 27, 2021. Special Disciplinary Counsel also filed a Motion to Extend November 12, 2021 filing deadline on November 3, 2021. The Hearing Panel issued an order on both motions on November 5, 2021. On November 9th, Respondent filed a response to Special Disciplinary Counsel’s Supplemental Memorandum of Law on Discover Sanctions. On November 3, 2021, Special Disciplinary Counsel filed a Motion to Extend November 12, 2021 filing deadline. On November 22, Special Disciplinary Counsel filed a Motion to Continue and the Respondent filed a revised response to a sanctions memo first filed on November 8, 2021. On November 23, 2021, Special Disciplinary Counsel filed a reply in Support of Motion for Sanctions. On Friday, December 3, 2021 Special Disciplinary Counsel filed Witness and Exhibit lists with a Motion in Limine and a Motion to Extend Time until December 10. On the same day, the respondent filed an exhibit list and spreadsheet. The Hearing Panel Chair issued a time extension as requested by Special Disciplinary Counsel. On December 10, 2021, Special Disciplinary Counsel filed an Amended Petition and Supplemental and Revised Exhibits lists. On February 8, 2022, Special Disciplinary Counsel filed a Certificate of Service re Counsel’s Notice of Deposition. On the same day, Respondent filed a Motion to Compel Expert Deposition and Memorandum in Support. Special Disciplinary Counsel filed Opposition to the Motion to Compel Expert Deposition on February 24, 2022. On March 8, 2022 Respondent filed a Reply to Opposition to Motion to Compel. Special Disciplinary Counsel filed a Motion for Permission to File a Surreply and the attached Surreply in Opposition to Motion to Compel on March 23, 2022. The Respondent filed a response to Special Disciplinary Counsel’s Surreply in Opposition on March 30, 2022. On May 11, 2022, Special Disciplinary Counsel filed a Request for Status Conference. A Notice of Status Conference to be held at 9 a.m. on July 21 was sent to the Parties on July 5, 2022. An amended status conference schedule was sent on July 7, 2022 changing the start time to 8 a.m. The Status conference was held as scheduled on July 7. On August 2, 2022Special Disciplinary Counsel filed a list of dates she was unavailable. On October 14th, 2022, the respondent filed a list of available dates. On January 26, 2023, the Hearing Panel issued an Order addressing motions put forward by the respondent and special disciplinary counsel. On March 24, 2023, a Notice of Hearing was sent to the Parties. A Merits Hearing was scheduled for Wednesday, June 7, Thursday, June 8, and Friday, June 9, 2023, using Cisco WebEx Meetings Software. The Hearing was held at 9:30 a.m. on those days. Respondent filed a Request for Order Permitting Deposition of Disciplinary Counsel’s Expert Witness on April 10, 2023. Special Disciplinary Counsel filed Opposition to Respondent’s Request on April 24, 2023. The Hearing Panel issued a Notice of Hearing to respond to Respondent’s Request for Order. The hearing will occur at 8am on Monday, May 1, 2023. On April 27, 2023, the Hearing Panel issued a Notice for Pre-hearing Conference on May 24, 2023. On the same day, it was noted that a Stipulated Motion had not been issued to the Hearing Panel. This document was then sent to the Panel. On May 3, 2023, the Hearing Panel issued their order on Respondent’s Request for Order Permitting Deposition of Disciplinary Counsel’s Expert Witness. The respondent submitted a letter to the Hearing Panel on May 5th, 2023 informing the panel of his engagement of an attorney for the Merits Hearing. On May 9, 2023 Counsel for the Respondent filed a Notice of Limited Appearance and a Motion for Continuance. Special Disciplinary Counsel filed a response to the Motion for Continuance on May 12, 2023. On May 16, 2023, Counsel for the Respondent filed a reply in support of Motion for Continuance of Merits Hearing and request for disqualification and removal of specially assigned Disciplinary Counsel. The respondent filed a certificate of service and Special Disciplinary Counsel filed a permission to file Surreply and a Surreply on May 18, 2023. On May 22, 2023, Alfonso Villegas filed a Notice of Appearance to serve as Co-Counsel with Special Disciplinary Counsel Spero. A pre-hearing conference occurred on May 24, 2024. On the same day, the Respondent filed a Memo in Support of his counsel’s Motion for Continuance. On May 25, 2023, Special Disciplinary Counsel filed a reply to the Motion to Disqualify. The next day, Counsel for the Respondent filed a reply in Support of Request for Disqualification and Removal of Specially Assigned Disciplinary Counsel. The Hearing Panel filed an order on Respondent’s Counsel’s Motion for Continuance and for Disqualification on May 30, 2023. On June 2, 2023, Counsel for the Respondent filed a Renewed Motion for Continuance of Merits Hearing and Request for Removal of Specially Assigned Disciplinary Counsel, Motion for Reconsideration. On the same day, Counsel for the Respondent filed a letter to Hearing Panel Counsel. On June 5, 2023, the Hearing Panel issued an order on Respondent’s Counsel’s Motion for Reconsideration. On June 6, 2023, the parties filed a joint letter to the Hearing Panel regarding submission of the exhibits. Later the same day, the Parties files a joint Motion to Modify Exhibit List. On June 19, 2023 the Hearing Panel issued a Post-Hearing Scheduling Order. On July 24, 2023, Respondent and Special Disciplinary Counsel each filed Proposed Findings of Fact and Conclusions of Law. On the same day, the Respondent also filed a Motion to Dismiss or alternatively, Schedule a New Hearing with Exhibits. On August 2, 2023, Special Disciplinary Counsel submitted a motion to extend time for a response to Respondent’s Motion to Dismiss or schedule a new hearing. On August 7, 2023, the Hearing Panel granted Special Disciplinary Counsel’s motion to extend time for a response. On August 22, 2023, Special Disciplinary Counsel filed a response to Respondent’s Motion to Dismiss or alternatively schedule a new hearing. On September 6, 2023, the Respondent filed a Reply to the Special Disciplinary Counsel’s response to Respondent’s Motion to Dismiss or alternatively schedule a new hearing. This was followed by a Motion for Permission to file a Sur Reply, a Motion for Sur Reply and an affidavit re the Sur Reply, filed by Special Disciplinary Counsel on September 14, 2023.  On September 15, 2023, Respondent filed a Motion to submit a Sur Reply. On September 22, 2023, the Hearing Panel issued PRB Decision No. 254 suspending the respondent for one year followed by a minimum one-year probation upon reinstatement. The Respondent must also reimburse a client for overpaid fees and expenses.

Documentation: