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Criminal Justice

Lawyer accused of stealing over $31K from jailed woman after she signed power of attorney at his request

By Debra Cassens Weiss

November 13, 2024, 9:51 am CST

A lawyer in Latrobe, Pennsylvania, has been accused of stealing more than $31,000 from an imprisoned woman awaiting a competency hearing after she agreed to sign an agreement giving power of attorney to his employee.

Lawyer John Allen Roth, 69, of Pennsylvania is accused of using the stolen money to support his gambling habit, according to a Nov. 7 press release.

TribLive (here and here) and WJAC-TV are among the publications with coverage.

Roth has been charged with nine felonies, including theft, financial exploitation, deceptive business practices and receiving stolen property.

In a preliminary arraignment last week, Roth asked to be released without cash bail.

Roth said he was struggling financially after losing clients because of a cancer diagnosis, according to TribLive’s coverage.

“I don’t have money to be able to post anything at all, I don’t even have $1,000 to post,” he said. “Cancer has ruined my life, and it has made it impossible for me to even make a living.”

Pennsylvania Judge Chris Flanigan set bail at $250,000. Roth has since sought a bail reduction and a venue transfer from Westmoreland County, Pennsylvania.

The 70-year-old jailed woman told detectives that Roth visited her in prison and offered to represent her for $2,500, even though she already had a lawyer. He returned a few days later and allegedly asked the woman to sign the power of attorney. The woman signed the form in March, according to the press release.

Fourteen withdrawals ranging from $100 to $5,000 were made from the jailed woman’s account, court records indicate.

Roth’s “Player’s Club” account at the Live! Casino indicated that he made more than $382,000 in transactions at the casino from April to September, according to the press release.

The employee with power of attorney sometimes accompanied Roth to the casino, she told investigators. She is also facing charges in the case.

Roth was disciplined in 2016, receiving a public reprimand for alleged conflicts of interest in two cases. In one, Roth filed a divorce case against a client he was representing in a civil matter, the reprimand said.

In another, Roth filed a bankruptcy for a woman, even though he represented her husband in their divorce case. The husband was listed as a co-debtor for various creditors, the reprimand said.

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3. Federal appeals judge, 96, fails to overturn…

Judiciary

Federal appeals judge, 96, fails to overturn suspension order for refusing to cooperate in fitness probe

By Debra Cassens Weiss

February 7, 2024, 3:32 pm CST

A 96-year-old federal appeals judge who refused to cooperate with medical testing to determine her mental fitness for the bench has failed to persuade a reviewing body that she is entitled to resume deciding new cases.

The U.S. Judicial Conference’s Committee on Judicial Conduct and Disability ruled Wednesday against Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit.

Newman was suspended from hearing new cases for a year in September 2023. The judicial council of the Federal Circuit imposed the suspension because Newman refused to submit to medical evaluations, provide medical records and sit for an interview. Newman had cited the opinions of her doctors, who say she is fit for the job.

The Committee on Judicial Conduct and Disability affirmed the judicial council’s order.

The committee rejected Newman’s argument that the case should have been moved to another circuit, finding that the transfer decision is discretionary. It rejected Newman’s argument that rule violations by the council justified her failure to cooperate. And it rejected her contention that she was denied due process.

“Here, Judge Newman was afforded all the process she was due under the rules,” the committee said.

The committee also cited “voluminous evidence” justifying the order for medical testing. Affidavits and Newman’s emails illustrate interactions “that suggest memory loss, confusion, lack of comprehension, paranoia, anger, hostility, severe agitation and an inability to perform tasks that Judge Newman previously could perform with ease,” the committee said.

The committee also concluded that the one-year suspension of new case assignments, subject to renewal, was appropriate.

“Although the sanction is subject to renewal, unlike other suspensions, Judge Newman has the power to trigger reconsideration or modification if she decides to cooperate,” the Feb. 7 opinion said.

Law360, Bloomberg Law and Reuters have coverage of the opinion.

Bloomberg Law included a comment from Newman’s lawyer, Greg Dolin of the New Civil Liberties Alliance, a nonprofit civil rights organization.

“Obviously, we’re disappointed, but we intend to continue to press our claims” in a separate federal lawsuit pending in Washington, D.C., Dolin said.

The suit challenges the constitutionality of the Judicial Conduct and Disability Act, which governs the proceedings against Newman.

Dolin said Newman is prepared to take her case all the way to the U.S. Supreme Court, if necessary.

See also:

“Speaking at ABA meeting, federal appeals judge, 96, doesn’t address her suspension but mentions opinion pace”

“Investigations of federal judges are rare and should happen more, former clerk says”

“Federal circuit judge, 95, flunked security training, displayed hacking paranoia, exam order alleges”

“Lawyer for federal appeals judge barred from new cases finds orders ‘incredible’ and ‘stunning’”

“Federal appeals judge should be suspended for failing to cooperate in mental fitness probe, report says”

“How can aging judges know when it’s time to hang up the robe?”

“Weekly Briefs: 96-year-old judge must mediate suit to keep job; DOJ reverses stance on Trump shield”

Ever have that thought? “I must be losing my mind because I can’t remember where I parked my car or set my iPhone, your name—although I recognize your face—an address, a birthday, a password, a set of numbers, what I was looking for, etc.” Many aging lawyers have—including me.

Are we really losing it, or is it just another “senior moment” that is part of the natural aging process? And in either case, what can we do about it? I want to talk about maintaining and improving cognitive abilities as we senior lawyers age.

But first, my disclaimer: I am not a medical doctor or trained health care professional in neurology, brain diseases and their diagnoses; the natural aging process; or treatments and prevention of cognitive impairment. I am a senior lawyer who is aging and has an interest in the subject matter because my brain is an indispensable component of successful lawyering.

Keeping my brain healthy has been and continues to be very important to me, as I suspect it is to all senior lawyers.

If you have real concerns about your memory “episodes,” for example, if they interfere with your practice of law or other routine daily activities, you should consult your physician or other health care team members to evaluate your condition and follow their recommendations.

For those senior lawyers who have suffered a brain injury or have been diagnosed with dementia, continue working with your health care team to establish and follow a proper treatment program. This article is not intended to address any of these situations, although an article on mild cognitive impairment published by the Cleveland Clinic identifies steps discussed below as ones that can help keep your brain healthy and reduce the risk of suffering MCI.

Because I am not a medical doctor or a trained health care professional, I consulted some of the many authoritative articles that are readily available on the subject of brain health, which is defined in a National Institute on Aging article to mean “how well a person’s brain functions across several areas,” one of which is cognitive health or “how well you think, learn and remember.”

There seems to be widespread agreement on a number of steps that we can take to maintain, regain and improve our cognitive abilities and our brain’s functioning.

Stay mentally active

Engage in regular challenging mental activity to help maintain brain cell health and stimulate communication among them.

Challenging mental activity is commonplace for lawyers. In fact, I have joked with colleagues that the legal matter seemed easy so I must have missed something. The practice of law is challenging and seems to be ever evolving in its breadth and complexity.

There are new clients to engage and learn their business or legal needs; new laws or regulations to read, digest and apply; new cases to read to stay current in my areas of practice; new articles to write; new attorneys to train; new technology to master; new programs to plan; and the list continues.

For me, one of the attractions to practicing law was the lifelong learning that it offered. I found that to be true and have transitioned my practice areas multiple times in my career. I seek variety in my practice in order to stay engaged. So far, I have not been disappointed.

If you are no longer actively practicing law, then learning new skills will contribute to healthy cognitive functioning as we age, such as playing the guitar or painting, volunteering to help build houses with Habitat for Humanity, mentoring disadvantaged children or adults, reading a new genre of books, playing card games, assembling jigsaw puzzles, or pursuing other creative activities in which you have an interest.

One of the articles suggests that the best new activity is one that is challenging, complex and requires constant practice.

Manage stress

Without question, the practice of law is stressful, and adding issues with cognitive ability into the mix compounds the stress. Learning ways that work for a lawyer to manage stress is important at all stages of a lawyer’s career.

It does not start when the lawyer becomes a senior lawyer. If you are no longer actively practicing law, then you have removed a significant stress factor, but perhaps you have encountered new ones. There exists many readily available books, articles and recommendations for managing stress that you can review and find what is best for your personal situation. To help manage stress related to cognition issues, select and practice the steps discussed in this article that you find work for you.

Exercise regularly

Regular exercise not only helps with stress management, something that is good for our brain in and of itself, but it also helps with other factors that can affect cognitive functioning, such as high blood pressure, cholesterol levels, blood sugar, weight and cardiovascular issues.

Physical activity also helps us sleep better and reduces risks of depression and anxiety. The type of exercise can vary depending upon your physical health, and consulting your physician before undertaking a new exercise regimen is a standard recommendation for those who have underlying health issues or have not previously exercised regularly.

The key is to get moving or keep moving, and if it happens to involve learning a new skill, like pickleball or swimming, there is a mental challenge component that helps improve brain functioning too. The brain needs to be challenged repetitively by complex activity that requires it to work.

Sleep

Sleep enables the brain to “reboot,” that is, to consolidate and store memories effectively. The best sleep is seven to eight consecutive hours, as opposed to two- to three-hour intervals. But the amount of sleep needed varies with age. You may need to consult your health care team to rule out sleep apnea or other potential causes for sleep interferences.

Diet

Pay attention to your diet. Eating the right foods, such as those in a Mediterranean style diet of fruits, vegetables, fish, nuts, unsaturated oils (i.e., olive oil) and plant sources of protein not only helps your physical health but also helps improve your brain health.

Social connections

Social connections are important to stimulate your brain. According to the NIA article, “People who engage in personally meaningful and productive activities with others tend to live longer, boost their mood and have a sense of purpose.”

One way to stay connected is by volunteering to serve on an ABA Senior Lawyers Division committee that is tasked with something meaningful to you. There are numerous opportunities to serve nonprofit organizations and mentoring programs serving the needs of others, and as lawyers, we have developed valuable skill sets to contribute.

Protection

As we age, the risk of falls tends to increase, and our balance may not be as good as before. It is important to protect against physical injury to our brains. If you are experiencing balance issues or have issues with falls, consult your physician or health care team to determine the cause, and then develop and follow a care plan with them.

In addition, there are programs available to help you with these issues. For example, in my community, the YMCA offers a program specifically designed for adults age 55 and older that includes strength building, yoga, water exercise, low-impact aerobics and other balance-related exercises.

Stop tobacco use

If you smoke or chew, stop. Tobacco use has been shown to have numerous detrimental physical health effects, some of which can impact brain health.

For help quitting, you can call 800-QUIT-NOW (800-784-8669), or access the Centers for Disease Control and Prevention’s resources on quitting smoking.

Alcohol in moderation

If you consume alcohol, do so in moderation. Alcohol abuse has been shown to cause depression and may be linked to dementia. If you are addicted, seek help. The ABA maintains a directory of lawyer assistance programs by state, which you can access here. These programs provide confidential assistance to judges, lawyers and law students with substance use disorders and other mental health issues.

While we cannot completely eliminate the effects of aging on our cognitive health, we can take steps to reduce its impact.

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Editor’s Note: This column originally ran in the ABA Senior Lawyers Division publication Voice of Experience in December 2023.

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Rod Kubat is a shareholder in the Des Moines, Iowa, office of Nyemaster Goode, where he represents closely held, privately owned companies in a wide variety of industries and lenders and client borrowers in all types of secured credit facilities and sophisticated structured finance transactions.

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ABAJournal.com is accepting queries for original, thoughtful, nonpromotional articles and commentary by unpaid contributors to run in the Your Voice section. Details and submission guidelines are posted at “Your Submissions, Your Voice.”

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This column reflects the opinions of the author and not necessarily the views of the ABA Journal—or the American Bar Association.