In a second sex-related sanction by the state's highest court, an Arnold lawyer was ordered suspended from practice for two months for swapping Vicodin for sex.
But three of the seven judges wanted at least a six-month suspension for Jeffrey S. Marcalus, with Judge Glenn T. Harrell Jr. writing for the minority that "Marcalus has some judgment shortcomings when it comes to acting out as his libido moves him." Marcalus was suspended briefly in 2007 for sexting and touching a client in a suggestive way, Harrell noted.
This time, the Attorney Grievance Commission sought disbarment, which Marcalus had challenged.
The majority of the court noted that Marcalus volunteered the drug information to police, believing that a man he was representing had been wrongly accused of sexual assault by the woman to whom he had given the Vicodin for sex.