February 23, 1995
IN RE: WILLIAM PATKUS, RESPONDENT, A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS
On Report and Recommendation of the Board of Professional Responsibility
Before: Farrell, King, and Ruiz, Associate Judges.
PER CURIAM: The Board on Professional Responsibility has recommended that respondent be disbarred for having (inter alia) intentionally misappropriated $9,600 from the estate of a minor whom respondent was appointed to represent as guardian. DR 9-103 (A). *fn1
Bar Counsel agrees with the recommendation, and respondent has filed no opposition to the Board's recommendation. We accept the Board's finding of misappropriation, D.C. Bar Rule XI, § 9 (g), and agree with the Board that respondent's conduct mandates his disbarrment under In re Addams, 579 A.2d 190
(D.C. 1990) (en banc). Like the Board, we conclude that it is unnecessary to decide in this case whether post-traumatic stress disorder (PTSD) can ever create the basis for mitigation of sanction under the test of In re Kersey, 520 A.2d 321
(D.C. 1987), because respondent failed to demonstrate (a) that he suffered from PTSD and (b), assuming he suffered from PTSD, that the condition substantially caused his misconduct or that he has been rehabilitated. Kersey, 520 A.2d at 326.27. *fn2
Accordingly, it is ORDERED that respondent, William Patkus, shall be disbarred from the practice of law in the District of Columbia, effective thirty days from the date of this opinion.