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	Court Suspends Lawyer Aretakis Advocate of Clergy Abuse Suits " Repeatedly Crossed the Line," Unanimous Ruling of Panel Says By Robert Gavin Albany Times Union December 11, 2008 http://timesunion.com/AspStories/story.asp?storyID=749424&TextPage=2 ALBANY — Local attorney John Aretakis has been suspended from practicing law for one year after he "repeatedly crossed the line," displaying "frivolous conduct" in several cases, a state appeals court announced Thursday. Aretakis, 48, an outspoken proponent of clergy abuse lawsuits against the Catholic Church, has been "guilty of professional misconduct," the Appellate Division of state Supreme Court stated. Aretakis had already been punished with sanctions from judges, the mid-level court noted. "However," their unanimous decision added, "we find that this record clearly shows that (Aretakis) has repeatedly crossed the line separating zealous advocacy from professional misconduct. Accordingly, we conclude that, to protect the public, deter similar misconduct, and preserve the reputation of the bar, (Aretakis) should be suspended from practice for a period of one year." Aretakis, a lawyer since 1986, lives in Manhattan where his law practice is based, but said he has a home in Saratoga Springs. He is married to Nia Cholakis, a former North Greenbush town justice, and briefly ran for the congressional seat this year of U.S. Rep. Michael McNulty, D-Green Island. The Appellate Ruling said Aretakis engaged in "frivolous conduct by making false accusations against judges ... engaged in conduct that adversely reflects on his fitness as an attorney, asserted positions which served to harass and maliciously injure, knowingly made false statements of law and fact, and engaged in undignified and discourteous conduct degrading to the court." Reached Thursday afternoon, while en route to the Bahamas for the weekend, Aretakis blamed the suspension on Bishop Howard Hubbard of the Roman Catholic Diocese of Albany. He said the bishop used "all of his resources, influence and power to try to muzzle me for the past six years because of my effective work ..." Aretakis said he planned to call on Gov. David Paterson to investigate "this unfair and unprecedented punishment," calling himself "one of only two attorneys in the entire state handling cases against the Catholic Church." The diocese could not be immediately reached. The Appellate Division stated, among other findings, that Aretakis "made an unwarranted, unprofessional and demeaning personal attack against a town justice in court papers." The identity of the judge was unclear, though the decision noted that in 2005, acting state Supreme Court Judge Christian Hummel of Rensselaer County sanctioned Aretakis after he made "reckless and unsubstantiated charges." Aretakis alleged Hummel participated in a criminal conspiracy to predetermine cases and, among other accusations, had committed federal mail fraud, the Appellate Division ruling said. The ruling noted sanctions Aretakis received last year from U.S. District Court Judge Gary Sharpe in Albany, who found Aretakis engaged in "frivolous conduct" while bringing a lawsuit against the church and federal government on behalf of a Hurricane Katrina refugee. In August, Sharpe gave Aretakis 20 days to pay $12,368 for the "bogus federal lawsuit." It was unclear if Aretakis has paid the fine. The appellate ruling noted that a Manhattan federal court judge, Paul Crotty, fined Aretakis $8,000 in February 2007 after the attorney brought lawsuits that claimed the church's actions amounted to racketeering. The judge called Aretakis' conduct "sloppy and unprofessional." The ruling also mentioned that in December 2007, Manhattan Judge Shirley Werner Kornreich found Aretakis' "assertions in a defamation action were completely baseless and served only to harass the defendants." Aretakis had sued the Times Union and a reporter in the case, claiming a February 2006 article about the police probe into the May 2005 murder of 14-year-old Gretchen Perham contained false information. Aretakis was ordered to pay $5,140 for attorney and court costs. Aretakis has filed an appeal. The suspension comes nearly a year after Christopher Oathout, a former Aretakis client, was convicted of killing 69-year-old Robert Taylor inside the DeWitt Clinton Apartments in October 2006. At his scheduled sentencing, Oathout accused Aretakis of threatening not to act on his behalf if he did not drop a complaint against the attorney. "I don't feel he's looking out for my best interests," Oathout told Judge Thomas Breslin. That same day, Albany County Chief Assistant District Attorney Mark Harris blasted Aretakis after the lawyer accused Harris of allowing false testimony into Oathout's trial. "I'm gonna personally sue him," Harris told Breslin, calling Aretakis a "disgrace" to the defense bar. Aretakis, who denied any threat to Oathout, said he was "doing everything in my will and my power" to defend his client. Aretakis told Breslin that Harris's pledge to sue him, while in court, was illegal, leading Harris to cut in, "Write me up, Mr. Aretakis!" The judge said based on Aretakis' allegation, Harris' response was justifiable. The Oathout case was not mentioned in the Appellate Division ruling. Outhout is appealing the conviction with another lawyer. Robert Gavin can be reached at 434-2403 or rgavin@timesunion.com
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