Robert P. Tuerk, the first openly gay man to seek election as a Philadelphia traffic-court judge, has been suspended from practicing law in Pennsylvania.
On Oct. 15, the state Supreme Court ordered Tuerk’s law license suspended for a year and a day due to alleged misconduct.
In 2012, Tuerk applied to practice law in federal court for the Eastern District of Pennsylvania. But he failed to inform the court about a prior disciplinary proceeding stemming from a 1985 arrest.
Tuerk eventually withdrew his application to practice law in federal court. But in July, the state Supreme Court’s disciplinary board recommended the suspension of Tuerk’s law license.
“[Tuerk] knowingly failed to comply with the requirements for admission to practice law before the [federal court]; falsely swore on his application for admission that he had complied with the admissions requirements; filed the application, which contained misrepresentations of material fact, with the clerk’s office and was admitted to the bar of the [federal court] under false pretenses,” the board stated. “Two [court] hearings were held before a panel of federal judges where [Tuerk] failed to voluntarily admit any of his transgressions.”
The board added: “In the end, [Tuerk] did accept responsibility when pointedly asked by his counsel, but unfortunately [Tuerk] left a lingering impression that such acceptance was grudgingly given.”
After the state Supreme Court upheld the board’s recommendation in October, Tuerk was given 30 days to wind down his law practice. He also was ordered to reimburse the court for expenses incurred during his investigation and prosecution.
While suspended, Tuerk is permitted to perform legal work of a preparatory and/or ministerial nature, in addition to law-related clerical work. But he can’t hold himself out as an attorney or render legal advice to a client.
Tuerk’s attorney, Samuel C. Stretton, described his client as “a very good person,” whose difficulties stemmed from a mistake in his youth.
“When Bob Tuerk was very young, he made a mistake on his bar application back in 1990,” Stretton said. “As a result, he was suspended for a year and a day. He was reinstated, and since then he’s done an excellent job in the legal community. He developed a real niche in terms of representing people with traffic-court issues. He also revitalized the Philadelphia Bar Association’s traffic-law committee, and made it quite a force in terms of reform and change.”
Stretton said Tuerk accepts responsibility for his mistakes.
“The current matter results from bad judgment on Bob’s part and from bad advice he got from his former attorney,” Stretton continued. “Bob accepts responsibility for going through with the process [of practicing law in federal court] when he should have stopped the process and petitioned the court for a hearing. He’s going to petition for reinstatement, and I don’t see any problem getting him back. After we get him reinstated in Pennsylvania, we’ll revisit the issue in federal court.”
Six character witnesses testified on Tuerk’s behalf during a 2012 hearing, emphasizing his civic-mindedness and reputation for honesty and integrity.
“[Tuerk] presented six character witnesses who each credibly testified to [Tuerk’s] good reputation in the community for truthfulness and honesty,” the disciplinary board noted. “Testimony revealed that [Tuerk] has been involved in service activities that have benefited his community. While this character testimony and his community involvement are properly considered as mitigating factors in the board’s analysis of discipline, we find that such factors do not outweigh the gravity of the misconduct and the aggravating factors. The totality of the facts and circumstances persuade the board that a one-year and one day suspension is warranted. [Tuerk’s] misconduct is at a level that cannot be appropriately addressed by public censure or a stayed suspension, and requires that [Tuerk] formally seek reinstatement to practice law in Pennsylvania in the future.”
Tuerk, 52, has been active in several community organizations, including Gay and Lesbian Lawyers of Philadelphia and the Police Liaison Committee.
In 2013, Tuerk sought election as a judge on Philadelphia Traffic Court. His bid was unsuccessful, but he received the endorsement of numerous organizations, including PGN and Liberty City LGBT Democratic Club.
Due to a ticket-fixing scandal, traffic court has since been abolished, and traffic disputes are handled in Municipal Court.