Anne K. Kaczmarek, a former Massachusetts assistant attorney general who was disbarred for her failure to disclose crucial evidence of misconduct by a state chemist, is seeking a retroactive application of her disbarment to 2018. The Massachusetts Supreme Judicial Court had ordered her disbarment in August due to her behavior during a case involving state drug lab chemist Sonja Farak who was found to be stealing and using drugs that were being sent for testing. (Law 360)
Kaczmarek’s motion argues that her case has already garnered enough public attention that it has kept her from practicing law. She further highlights that the unofficial sanction that she has had to endure due to the scandal and high-profile proceedings should be taken into consideration.
If her motion is accepted, Kaczmarek would be in a position to request the reinstatement of her law license three years from now, instead of the eight years she would otherwise have to wait.
The Office of Bar Counsel, in theiropposition, has said that Kaczmarek’s notoriety was an aggravating factor in her disbarment. Assistant bar counsel Joseph Makalusky argues that there’s no precedent for retroactive disbarments. However, in herreply, Kaczmarek acknowledged her request may be novel, but said it fits the unusual circumstances of this case.
The hearing for Kaczmarek’s request is slated for October 26. Both her legal team and the Office of Bar Counsel declined to comment on the matter.