Clinton disbarment case presents unique legal issues

LITTLE ROCK, Ark. - Despite President Clinton's assertion that precedent is on his side in his fight against disbarment, there are few - if any - cases on which to make a direct comparison.

"There is no case like this in Arkansas," said Howard Brill, a legal-ethics professor at the University of Arkansas who helped write the state's code of conduct for lawyers.

"This case is distinguished because the lawyer, Mr. Clinton, was not acting like a lawyer, he was acting as a litigant, a private party. And there has been no criminal conviction."

The Arkansas Supreme Court Committee on Professional Conduct Monday recommended that Clinton lose his Arkansas law license for "serious misconduct" relating to his false testimony about his relationship with Monica Lewinsky.

An attorney for the committee will argue the case before a circuit judge in Little Rock, who could disbar Clinton, impose a lesser punishment or dismiss the recommendation. Either side could appeal to the state Supreme Court.

Clinton has said the committee is treating him more severely than other lawyers.

Past Arkansas cases include numerous lawyers, some of them politicians, who were disbarred after criminal convictions. Others have lost their law license without convictions.

In June, the state Supreme Court disbarred Little Rock lawyer P.A. "Les" Hollingsworth, a former member of the high court. The committee had recommended disbarment over accusations that he diverted a client's estate money for his own use. The circuit judge had imposed a six-month suspension, prompting an appeal to the high court.

Rep. Asa Hutchinson, a former U.S. attorney who helped handle the impeachment case against Clinton, said the Hollingsworth case weighs against Clinton.

"Les Hollingsworth is a good example of someone who has contributed mightily . . . to the community," said Hutchinson, R-Ark. "The Arkansas Supreme Court disbarred him. That's a pretty forceful view."

But law professor John DiPippa of the University of Arkansas at Little Rock said there are at least four cases that could weigh in Clinton's favor.

In one, Little Rock lawyer John Bingham was reprimanded - but not disbarred - in 1997 for offering false evidence to the Arkansas Beverage Control Board when it was considering an alcohol-permit application for a corporation for which he was the secretary-treasurer.

DiPippa said each of the cases contains elements of the Clinton case - actions that were misleading or hindered justice and were not necessarily committed while in the role of an attorney.