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DISTRICT OF COLUMBIA COURT OF APPEALS

No. 1 7

- B G

- 488
I N R E D ARRELL N. F ULLER , R ESPONDENT
. A Member of the Bar of the District of Columbia Court of Appeals (Bar Registration No. 4 99204 ) On Report and Recommendation of the Board on Professional Responsib ility Ad Hoc Hearing Committee Approving Petition for Negotiated Discipline

(BDN 008

- 16 ) (Decided: November 9 , 201 7 )
Before B E C K

WITH and E ASTERLY , Associate Judges , and N EB E KER , Senior Judge

. Opinion for the court PER CU RIAM
. Dissenting opinion by Sen ior Judge N EBEKER at page 5

. P ER C URIAM : This decision is non

- precedential. Please refer to D.C. Bar R. XI, § 12.1 ( d) governing the appropriate citation of this opinion.
In this disciplinary ma tter, the District of Columbia Court o f Appeals Board on Professional Responsibility Ad Hoc Hearing Committee ( the Committee ) recommends approval of the p etition for negotiated attorney discipline

. The 11/09/20172

violation stem s from respondent Darrell N. Fuller ’ s professional misconduct wherein he used his work

- issued phone to take lewd photographs and videos of clothed, unaware, and nonconsenting individuals and then stored those images on his work computer.
Respondent acknowledged that he engaged in deceitful conduct and violated
R ule 8.4 (c) of t he District of Columbia Rules of Professional Conduct

. In mitigation, t he Committee considered the fact that respondent (1) cooperated with Bar Counsel; (2) ha d been diagnosed with Voyeuristic Disorder (in remission ) ; ( 3 ) voluntarily consented to an ind ependent medical examination that resulted in a determination that he p osed a low risk of recidivism for the conduct described; (4) promptly reported his guilty plea and acknowledged his misconduct from the outset of Disciplinary Counsel’s investigation; ( 5) already served a suspension lasting over one year; (6) i mmediately sought treatment upon his arrest; 1 (7) demonstrated remorse for his actions ; and (8) ha d no prior history of discipline in any jurisdiction. As a result, Disciplinary Counsel and respon dent negotiate d the

1 Initially, respondent pled guilty to violating a Texas statute for improper photography or visual recording and the District Court of Harris County, Texas , deferred any adjudication of guilt for five years and placed him on community supervision

. Respondent o btained an order dismissing the indictment against him , ho wever, after the Cou rt of Criminal Appeals of Texas struck down as unconstitutional the subsection of the statute under which respondent was charged. See Ex parte Thompson , 442 S.W.3d 325 (Tex. Crim. App. 2014).3

imposition of discipline in the form of a two

- year suspension, stayed, and two years of unsupervised probation during which respondent must (1) submit monthly reports to Disciplinary Counsel self

- certifying his compliance with the treat ment directions of his psychiatrist and other providers ; (2) submit monthly reports to Disciplinary Counsel self

- certifying that he attend ed at least one S ex Addicts Anonymous meeting in that month period; (3) immediately seek counseling from a Certified S ex Addiction Therapist should his treatment regimen appear insufficient; (4) waive privilege, to the extent necessary, for Disciplinary Counsel to verify his compliance with the terms of his probation; and (5) not engage in any misconduct in this or any ju risdiction. Additionally, if Disciplinary Counsel has probable cause to believe respondent violated the terms of the probation, it may seek to revoke respondent’s probation pursuant to D.C. Bar R. XI, § 3 and D.C Board R. 18.3 and request that respondent serve the two

- year suspension consecutive to any other discipline or suspension that may be imposed. Further, a showing of fitness will be required before he is allowed to resume the practice of law.
After reviewing the petition for negotiated discipl ine, considering a supporting affidavit , conducting a limited hearing, review ing Disciplinary Counsel’s files and records, and holding an ex parte meeting with Disciplinary Counsel , the Committee concluded that the petition for negotiated discipline4

should be approved.

We a ccept the Committee ’s recommendation because the Committee properly applied D.C. Bar R. XI § 12.1 (c) and we find no error in the Committee ’s determination. Based upon the record before the court, the negotiated discipline of
a t wo - year suspension, stayed, and two years of unsupervised probation with conditions is not unduly lenient considering the existence of extensive mitigating factors.
In accordance with our procedures in uncontested disciplinary cases, we
agree that t his cas e is appropriate for negotiated discipline, and we accept the Committee ’s recommendation. Accordingly, it is

ORDERED that Darrell N. Fuller is hereby suspended from the practice of law in the District of Columbia for t wo years, stayed, and two years of

u nsupervised probation during which respondent must (1) submit monthly reports to Disciplinary Counsel self

- certifying his compliance with the treatment directions of his psychiatrist and other providers ; (2) submit monthly reports to Disciplinary Counsel s elf

- certifying that he attend ed at least one S ex Addicts Anonymous meeting in that month period; (3) immediately seek counseling from a Certified Sex Addiction Therapist should his treatment regimen appear insufficient; (4)5

waive privilege, to the extent n ecessary, for Disciplinary Counsel to verify his compliance with the terms of his probation; and (5) not engage in any miscond uct in this or any jurisdiction. Should respondent vio late the terms of his probation , he will be suspended with reinstatement co nditioned on demonstrating his fitness to practice law.

So ordered.

N EBEKER , Senior Judge , dissenting. I would reject the request for approval of the p etition for negotiated attorney discipline . I believe the conditions of respondent’s proba tion should require his psychiatrist to submit monthly reports to Disciplinary Counsel verifying his compliance with treatment directions and expressing an opinion on his risk of recidivism.