‘Video Spy Pen’ Causes Problem for Lawyer

DANBURY, Conn. (CN) - The Chief Disciplinary Counsel wants an attorney suspended for using a "Video Spy Pen" to film women in the courthouse without their knowledge or permission - again.

In its Application for Order of Interim Suspension, the Chief Disciplinary Counsel claims David M. Holzbach "has been admonished to cease this type of behavior on two prior occasions."

According to the complaint: "On August 1, 2012, as a result of an internal investigation of respondent's conduct, the Chief States Attorney discharged respondent from his position as prosecutor in the Judicial District of Danbury.

"The investigation concluded that respondent repeatedly violated practice Book Section 1-10 concerning cameras in the courtroom and repeatedly used recording devices without permission to clandestinely videotape and photograph women.

"Upon information and belief respondent surreptitiously used a 'Video Spy Pen' to take video recordings of females in the courthouse without their knowledge or permission.

"Respondent has been admonished to cease this type of behavior on two prior occasions. Respondent has been reprimanded in 1992 by the State's Attorney for videotaping members of the courthouse staff without their knowledge in hallways in the office and courthouses and in the parking lot as they walked in and out of the building. Respondent received another reprimand in 2006 for clandestinely photographing a female intern in the State's Attorney's Office."

The Disciplinary Counsel says it "believes that respondent cannot control his deviant behavior as is evident by the long history of behavior and prior reprimands associated with this behavior and cannot be trusted to: avoid voyeurism of prospective clients, witnesses or other counsel; represent clients or prospective clients competently and otherwise conduct himself appropriately."

The Disciplinary Counsel says Holzbach "poses a substantial threat of irreparable harm to his clients or prospective clients."

It seeks an immediate order of interim suspension.

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