The D.C. bar association is investigating City Attorney General Peter Nickles for allegedly breaching a conflict of interest policy.
Before taking the post as Mayor Adrian Fenty’s general counsel and then attorney general, Nickles was the lead attorney on the “Jerry M. “case. The long-standing lawsuit against the city has dogged administrations for 25 years as each successive mayor has been pushed by court orders to ease overcrowding at youth detention centers. When Nickles switched from suing the city to a position in which he was required to defend the city, he made promises that he wouldn’t put himself in a situation in which his interests would conflict.
But on Monday, Councilman Phil Mendelson confirmed to The Washington Examiner that Nickles has been referred to the bar for breaking the association’s rules against attorneys who switch sides in a case.
“The referral to bar counsel is serious,” Mendelson said. “Nickles needs to come forward and explain what’s going on.”
The bar was made aware of the potential conflict in July, when D.C. Lawyers for Youth sent the bar a letter detailing Nickles’ alleged conflict of interest breaches. Daniel Okonkwo, who heads the group, confirmed the bar association’s investigation.
Sources also told The Examiner that D.C. Superior Court Judge Herbert Dixon, who oversees the Jerry M. case, has asked the bar to investigate the attorney general.
Nickles’ explanation to The Examiner was that the complaints filed against him are politically motivated and came only after Fenty appointed Nickles’ former deputy attorney general Robert Hildum to head the troubled Department of Youth Rehabilitation Services in July. Youth advocates say Nickles violated conflict of interest policies by generating a report, along with Hildum, that helped give Fenty cause to fire advocate-supported Marc Schindler.
“Any complaint is completely frivolous,” Nickles said. “I have not been involved with the Jerry M. case since late 2006.”
According to e-mails obtained by The Examiner, Nickles mentioned his role as former lead attorney in the Jerry M. case to add weight to his opinion when advising city officials on overcrowded youth detention centers.
“Then let’s find secure beds elsewhere — we have put ourselves into an impossible situation,” Nickles wrote in a November 2009 e-mail to City Administrator Neil Albert, among others. “As someone who knows a little about this issue, having been lead Jerry M. counsel, I would like my suggestions considered — Thanks.”
