In the Matter of Dwayne M. Brown

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The court upheld an elected clerk’s three-year suspension from the practice of law for various acts, including sexual advances toward female employees in the clerk’s office. Six female employees made allegations that he sexually harassed them. Respondent attempted to argue that his actions toward the employees did not meet the standard for “13” as defined by the EEOC. The Court found that it did not need to rely on a federal agency’s definition to “find that the respondent’s creation and perpetuation of a work environment infected with inappropriate and unwelcome sexual advances violated Prof. Cond. R. 8.4(d).” It found that his acts were “prejudicial to the administration of justice,” whether or not they met a legal definition of 13. Furthermore, he did not testify at the hearing or otherwise rebut the evidence, but merely contended that the allegations by former employees were untrue. It therefore suspended him from the practice of law for three years.



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