Ewwww, Montgomery County Attorney Receives Six Month Suspension for "Up-Skirt" Stalking

/ 12.Sep, 2013

The Supreme Court of Pennsylvania, on the recommendation of the Disciplinary Board has suspended Montgomery County attorney Clayton William Boulware from the practice of law for a period of six months, followed by a period of probation for three years.  Boulware was arrested on September 9, 2008, after attaching a camera to his shoe, and following a sixteen-year-old minor around an Acme grocery store taking pictures up her skirt when she stopped to shop.  Boulware pleaded guilty of invasion of privacy, and was sentenced to three years probation.  Included in this unusually salacious disciplinary report is the statement:

In July 2008, following a two-year dispute with his mortgage company and initiation of foreclosure proceedings, Respondent “gave up the property” to “get out from under [the mortgage].” He did so in favor of an intended living arrangement with a woman who was twenty years his junior and with whom he had been engaged in an “open relationship” involving a “swinging lifestyle” and sexual activity carried out “by filming one another and then looking at it.”

As the assistant district attorney handling the case stated: “Mr. Boulware’s conduct is very disturbing, inappropriate and certainly creepy.”

The Disciplinary Board, in this case of first impression, found its “task is to determine the appropriate level of discipline for an attorney who marred his spotless disciplinary record by engaging in a bizarre and aberrational course of conduct over a two-week period that culminated in his pleading guilty to two counts of invasion of privacy.”  The Disciplinary Board made no finding regarding any Rules of Professional Conduct, but did find discipline was required.  Attorneys must remember, whatever disturbing quirks they may have, if it can lead to arrest, it can lead to discipline.

Josh J.T. Byrne, Esquire