SPONSOR:

Sen. Sokola

DELAWARE STATE SENATE

145th GENERAL ASSEMBLY

SENATE RESOLUTION NO. 8

REFERRING A COMPLAINT TO THE OFFICE OF DISCIPLINARY COUNSEL OF THE SUPREME COURT OF DELAWARE.

WHEREAS, the Senate of the 145^th General Assembly values highly the volunteer members of our public school boards serving our school districts and charter schools.

WHEREAS, it is a matter of great concern to the Senate that these critical volunteers in our educational process be free from undue harassment or threats;

WHEREAS, in a February 11, 2009 News Journal article, Thomas Neuberger, Esquire, when referring to a legal dispute with the Charter School Board of Wilmington, was quoted as saying “all those board members will be defendants in a court case and will be held liable in punitive damages. It is their houses we’re going to sell.”

WHEREAS, while open access to the courts is recognized and the Senate in no way discourages it or comments on the merits of any case, there is no place for such threatening and unprofessional public comments by a member of the Delaware Bar;

WHEREAS, the Senate requests that the Office of Disciplinary Counsel (“ODC”) investigate the statement and conduct of Thomas Neuberger, Esquire, to assess whether such conduct violates the Delaware Lawyer’s Rules of Professional Conduct.

NOW THEREFORE:

BE IT RESOLVED, that this Resolution be deemed a complaint filed with the Office of Disciplinary Counsel of the Supreme Court of Delaware requesting that ODC investigate the conduct of Thomas Neuberger regarding this statement and take such action as it deems appropriate.

BE IT FURTHER RESOLVED, that the Secretary of the Senate is hereby directed to transmit a copy of this resolution to the Office of Disciplinary Counsel.

SYNOPSIS

This Resolution requests the Office of Disciplinary Counsel to review the conduct of Thomas Neuberger regarding certain statements allegedly made to the Delaware News Journal about the Board members of the Charter School of Wilmington.

Author: Senator Sokola