An attorney who groped the breast and buttocks of his opposing counsel at a downtown Portland office party pleaded guilty to harassment and was ordered to write an apology letter.
A judge also sentenced Jack Levy to two years of probation, to stay away from his victim and attend a class about “gender issues” and professionalism. Multnomah County Circuit Judge Jean Maurer told the 42-year-old that his behavior was “offensive and degrading.”
“To say I’m disheartened would understate it considerably,” Maurer said during Friday’s hearing.
Levy admitted committing a Class A misdemeanor for subjecting the woman to “offensive physical conduct” by touching intimate parts of her body. Levy’s sentence is typical for someone with no criminal history.
The victim, a construction-defect attorney, complained to the Oregon State Bar and later to Portland police about the incidents that unfolded March 4, during a 10th anniversary party for the Aldrich law office, another firm that takes on construction-defect cases. The woman said Levy, a partner at Smith Freed & Eberhard PC, started making sexually charged comments about her within earshot. She left the room, only to have Levy “firmly grab my butt” in the hallway, she wrote in a complaint.
The woman told Levy she was sure her husband wouldn’t appreciate that, then continued walking. A while later, the woman said Levy walked across a room toward her, suddenly hugged her. His hand “moved up to grab my breast from underneath. I was appalled and jumped.”
Levy followed up by asking her crude questions about what sexual activity she might engage in with her husband that night, she wrote.
The bar is investigating Levy’s actions. If he is found to have committed misconduct, he could face a public reprimand, suspension or disbarment.
In a letter this week, Levy’s attorney, Wayne Mackeson, said his client’s behavior was “crude and boorish” but doesn’t warrant professional disciplinary action. Mackeson also said that Levy didn’t intend to gain an unfair advantage in the dispute he and the woman were working on.
The woman has said she believed Levy groped her as a “strategic maneuver” to unsettle her in the case. At the time of the complaint, the woman was the attorney for property owners in a case seeking $4.3 million in damages, plus attorney fees and costs, against a developer represented by Levy.
During Friday’s hearing, the woman sat silently next to her husband as prosecutor Don Rees read aloud a five-page letter she’d written. She said she’d gotten little sleep the night of the incident as her mind replayed the events. “Even though intellectually I knew I had done nothing to encourage his conduct, I still felt ashamed.”
The next morning, as she prepared herself to confront Levy at a pre-scheduled meeting, her “stomach was in knots” and her body shook. She said she reported Levy to the bar and later police even though she feared doing so.
“I worried that if I reported the crime, people wouldn’t believe me, would blame me, would think less of me, and that my career would be ruined,” she wrote. “I worried that if I didn’t report the crime, he would do this to other women, that he would be further emboldened in the future, that he would continue to try to bully me, that others would see me as weak.”
Mackeson said his client intended to learn from his actions.
Then Levy, wearing a navy suit and speaking in a soft voice, apologized.
“I was wrong in my conduct,” he said Friday. “I deeply regret it and don’t want to cause any more embarrassment for (the woman) or her family.”
Credit:
Aimee Green, The Oregonian
Portland attorney convicted of groping another attorney
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In the original story, the Oregon State Bar “initially declined the complaint but revived it after the complainant alerted police. The bar will examine Levy’s fitness as a lawyer considering the alleged criminal assault, and if Levy used intimidation to gain an advantage in a pending case, state bar records show.”
Hmmm. Why did they decline the complaint in the first place?
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