Submitted by SCHOOLWATCH - FOUNDER, Aug 31, 2007 00:26

SchoolWatch found that one of the names we previously mentioned in our report took exception to our suggestion that certain questions be posed to her in any ensuing investigation. Laurel Bohl, a former attorney who worked in the Office of State Review, who now is employed by the Attorney General Andrew Cuomo, posted the above comment on the website of the New York Sun.Ms. Bohl obviously does not understand that SchoolWatch is not an outlet for "journalism," but is a watchdog organization whose intent is to expose corruption in our educational institutions. Offering suggested areas of inquiry of those close to the scandal certainly is within the realm of what our organization does. In fairness to Ms. Bohl we have posted the entirety of her comments for all to see. But let us take a moment to analyze those comments a bit. Ms. Bohl admits that there is a need for a "full and fair investigation." Ms. Bohl states that the "facts can and should speak easily for themselves." Ms. Bohl admits the scandal is of a "very serious nature" ... "which of course deserve[s] a full and fair investigation." Let us pose a few more questions to be asked of Ms. Bohl. Is she aware of the Lawyer's Professional Code of Conduct which requires an attorney to report illegal and unethical conduct by other attorneys? Is she aware that her silence may put her own license to practice law at risk? EC 1-4 The integrity of the profession can be maintained only if conduct of lawyers in violation of the Disciplinary Rules is brought to the attention of the proper officials. A lawyer should reveal voluntarily to those officials all knowledge, other than knowledge protected as a confidence or secret, of conduct of another lawyer which the lawyer believes clearly to be a violation of the Disciplinary Rules that raises a substantial question as to the other lawyer's honesty, trustworthiness or fitness in other respects as a lawyer. A lawyer should, upon request, serve on and assist committees and boards having responsibility for the administration of the Disciplinary Rules.[SchoolWatch readers should be aware that the State Review Officer Paul Kelly is a licensed attorney to whom the Lawyer's Code of Professional Conduct applies. Many of the individuals under Kelly are also lawyers. The Officer Of Counsel, which has also been linked to this scandal is also composed largely of lawyers. Kate Surgally, Kelly's paramour, is an attorney.] Does Ms. Bohl believe that the shenanigans that are coming to light at the State Education Department foster public confidence in the profession which she is a member? If Ms. Bohl has remained silent while witnessing these shenanigans, what does that say about her own professional standards? Perhaps Ms. Bohl has already joined in complaint to her employer, the Attorney General, in order to protect her own interests. "EC 1-5 A lawyer should maintain high standards of professional conduct and should encourage other lawyers to do likewise. A lawyer should be temperate and dignified, and should refrain from all illegal and morally reprehensible conduct. Because of the lawyer's position in society, even minor violations of law by a lawyer may tend to lessen public confidence in the legal profession. Obedience to law exemplifies respect for law. To lawyers especially, respect for the law should be more than a platitude." Is Ms. Bohl aware of the attorney prohibition of lawyers from engaging in illegal, dishonest, fraudulent or deceptive conduct (DR 1-102), or those requiring lawyers to report certain attorney misconduct (DR 1-103)? [SchoolWatch readers who want to learn more about the Disciplary Rules that affecf lawyers can read them in their entirety on the New York State Bar Association website at www.nysba.org.] As this investigation unfolds, and if the request of Andrew Cuddy, Esq. of Attorney General Andrew Cuomo to investigate this scandal is successful, Ms. Bohl should also read up on the Disciplinary Rules that apply to those who are interviewed in relation to this type of misconduct. "DR 1-103 [1200.4] Disclosure of Information to Authorities. A. A lawyer possessing knowledge, (1) not protected as a confidence or secret, or (2) not gained in the lawyer's capacity as a member of a bona fide lawyer assistance or similar program or committee, of a violation of DR 1-102 [1200.3] that raises a substantial question as to another lawyer's honesty, trustworthiness or fitness as a lawyer shall report such knowledge to a tribunal or other authority empowered to investigate or act upon such violation. B. A lawyer possessing knowledge or evidence, not protected as a confidence or secret, concerning another lawyer or a judge shall reveal fully such knowledge or evidence upon proper request of a tribunal or other authority empowered to investigate or act upon the conduct of lawyers or judges." Let us hope that there are moral and ethical attorneys who are going to participate in the ongoing investigations. Let us hope that Ms. Bohl, who appears to have first-hand knowledge of the scandal, has already provided that information to the proper authorities. Let us hope that her professionalism extends beyond her inability to shed a tear for the children with disabilities impacted and put at risk by the actions of Kelly's office. And as a side note, those of us at SchoolWatch would not think any lawyer less of a professional if they shed a tear for the children impacted by this scandal. Many of us parents have filled buckets with them as we battle this system compromised system of administrative review. -------------------------------------------------------------------------------- SchoolWatch invites Ms. Bohl to contact us for any additional information she would like to provide, or for any additional comments she would like

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