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May 29, 2008

Court bars local man from law practice

A Bainbridge attorney has been suspended for at least six months from practicing law by the State of New York Supreme Court, Appellate Division Third Judicial Department.

A decision suspending David C. Roosa was issued by the court Friday.

According to the decision, Mark S. Ochs, of the Committee on Professional Standards, asked that Roosa be suspended by reason of mental incapacity, and Roosa said Wednesday that depression was the cause.

Roosa has been practicing law since 1997. His suspension goes into effect at the end of the week.

Roosa said Wednesday that he was being investigated for complaints that he missed court appearances and appointments.

On Dec. 5, the court directed that Roosa be examined "for the purpose of determining whether he is incapacitated from continuing to practice law by reason of mental or physical illness or other mental irresponsibility."

Roosa said he met with a psychologist for several hours and was given a diagnosis of depression.

"It's no wonder I was depressed," Roosa said. "My mother died last year and I have been going through a lot."

According to the decision, Roosa may apply for reinstatement no sooner than six months from the date of this decision.

The disciplinary proceedings pending against Roosa will be held in abeyance until he can prove he is once again competent to practice law, according to the decision.

Roosa said most of his law practice is dedicated to representing people who cannot afford attorneys. He said he has spent the last week contacting the courts where he represents assigned cases to have his clients reassigned and contacting his retained clients to tell them to hire other attorneys.

"This is probably the end of my law practice," Roosa said. "I will now have no income, no health insurance and I will lose everything."

Roosa said that if he were able to be reinstated after the six months, he could still face a suspension on the complaints pending against him.

___

Patricia Breakey can be reached at 746-2894 or at stardelhi@stny.rr.com.

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