Sexual allegations between lawyer and client in Transylvania “unfounded”, says DA

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A lawyer accused two years ago of improper conduct with clients will not face criminal charges, Acting District Attorney Andrew Murray said earlier this month.

Almost two years ago then-prosecutor Greg Newman told Carolina Public Press he asked the State Bureau of Investigations to review allegations of sexual misconduct with clients against Donald attorneys. Barton and Will Cathey, both based in Transylvania County.

Cathey, who was also a county commissioner, died last summer. He and Barton had offices in the same building.

After reviewing a thorough investigation by the (SBI) into the matters you refer to, prosecutor Greg Newman determined that there was insufficient evidence to support criminal charges. Murray said. I have reviewed the file and agree with his decision. This case has been closed by the SBI and my office.

The SBI completed its investigation into the lawyers and passed the information to Newman’s office on May 12, 2020, an SBI spokeswoman said early last year. The RPC has repeatedly checked with Newman’s office for the status of its decision. Newman said in June 2020 that the SBI was conducting additional talks and that in November it had yet to receive the full results of the investigation.

Murray said Newman determined the charges were unfounded in February 2021. He added that there was insufficient evidence to support charges.

That same month, an affidavit filed with the clerk of the Henderson County Superior Court requested the impeachment of Newman as district attorney.

A judge removed Newman from his post in April after a three-day hearing. He was the district attorney for Henderson, Polk and Transylvania counties. Governor Roy Cooper appointed Murray, the former U.S. District Attorney for the Western District of North Carolina, to take over the besieged three-county district attorney in early May.

Murray said he informed Barton of the decision in the case during a recent phone call.

Barton did not return a request for comment on the dismissal. In 2019, he denied the allegations.

I did not commit any crime, Barton said in 2019. If anyone claims that I committed a crime, I will prosecute them. They can prepare. I don’t care who it is.

In North Carolina, ethical rules for lawyers say they cannot have sex with current clients in the absence of a pre-existing relationship. Newman told the CPC in 2019, some allegations against Brevard’s lawyers could be ethical issues the state bar should address.

However, the bar cannot reveal whether it is investigating a lawyer, said Katherine Jean, a lawyer at NC State Bar. If a matter is to go to a disciplinary hearing, then it becomes public on the Law Society’s website.

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