Ethics

Lawyer suffering from pandemic stress censured for accessing judge's computer, changing clerk's time card

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A New York lawyer has been censured for accessing a judge’s computer while she was experiencing mental health issues that partly stemmed from the COVID-19 pandemic. Image from Shutterstock.

A New York lawyer has been censured for accessing a judge’s computer while she was experiencing mental health issues that partly stemmed from the COVID-19 pandemic.

Lawyer Marsha A. Hunt of New York was censured in an Oct. 2 opinion by the Appellate Division’s Fourth Judicial Department of the New York State Supreme Court.

Hunt was working as a court attorney referee in early 2020 when she entered the chambers of a judge in New York’s Fifth Judicial District, according to the opinion, which cites conditional admissions in a joint motion for discipline by consent.

Hunt located the judge’s login credentials and used them on five occasions to make unauthorized changes to the time card of a law clerk, according to the conditional admissions. She also viewed certain emails and electronic files on the judge’s computer through July 2020, the opinion says.

Hunt lost her job after she admitted misconduct. The opinion noted that Hunt had shown remorse, and the court found it to be sincere.

The court also noted Hunt’s statement that the misconduct was aberrational and had happened when she was experiencing mental health issues made worse by workplace difficulties and the COVID-19 pandemic. She has successfully sought mental health treatment.

Hunt was first admitted to practice in 1988 and had no prior discipline. She did not immediately respond to the ABA Journal’s request for comment.

Hat tip to Syracuse.com, which had coverage of the censure.

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