ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, March 24, 1993                   TAG: 9303240039
SECTION: VIRGINIA                    PAGE: C1   EDITION: METRO 
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE:                                 LENGTH: Long


GARRISON REINSTATED AS LAWYER

As a lawyer, Sam Garrison rose to success as Roanoke commonwealth's attorney, vice presidential aide and Watergate counsel before plummeting to disbarment 12 years ago as a convicted embezzler.

He is now back to being a lawyer, following a recent decision by the Virginia Supreme Court to reinstate his law license.

The court accepted the unanimous recommendation of a disciplinary panel of the Virginia State Bar, which noted that Garrison has overcome his legal, financial and personal problems with "sincerity and truthfulness."

Garrison said Tuesday that reinstatement of his license was made even more gratifying by the support of friends, family and associates who stuck by him "in the darkest of years."

The proceedings that led to his reinstatement were unusual in that the topic of Garrison's homosexuality was discussed.

Garrison - a leading gay activist in Western Virginia - raised the subject himself in a hearing before the Bar's disciplinary panel, which praised his "open and candid" testimony in an order filed with the Supreme Court.

The Bar noted that someone's sexual preference has no bearing on its decisions. "It is mentioned here only because [Garrison] introduced it into evidence, as it played a very significant role in his life and conduct and in his rehabilitation."

But at least one prominent Roanoke lawyer felt differently. William Poff wrote in a letter to the Bar that, in his opinion, a convicted felon and "avowed homosexual" has no business practicing law.

Poff wrote that Garrison has "chosen a lifestyle, which he readily publicizes, that does not reflect credit on the Bar or augur well for his future honesty as a lawyer."

To reinstate Garrison's license would "present a severe risk of further unprofessional conduct in the future that would also cause our profession additional embarrassment," Poff wrote.

That view was not shared by more than 25 other lawyers - including former Rep. Caldwell Butler, former U.S. Attorney John Edwards and city GOP chairman Chip Magee - who recommended that Garrison's license be restored.

"I think it reflects great credit on the Bar, both at the local and state level . . . that they did not find that to be an impediment to my being reinstated," Garrison said.

"I think this shows that things are really changing in our society."

Garrison said he chose to mention his sexual orientation during the hearing in November because coming to grips with his homosexuality is "a sign of positive change in my personality."

Although Poff's letter was written before the hearing, Garrison said he probably would have raised the issue even if a complaint had not been made.

"I did not initiate the proceeding seeking approval of my lifestyle," he said. "I was seeking reinstatement of my law license. Nevertheless, it was part of the presentation."

Garrison - who has worked as a paralegal since serving four months in prison for embezzling $46,000 from a bankruptcy account for which he was trustee in 1980 - said he will remain associated with Richard Lawrence's law firm in Roanoke.

After serving as city commonwealth's attorney from 1969 to 1971, Garrison moved to Washington and in 1972 became an assistant to former Vice President Spiro Agnew.

He was hired as one of the lawyers for Republicans on the House Judiciary Committee during the Nixon impeachment proceedings, later becoming chief Republican counsel for the inquiry.

After moving back to Roanoke, Garrison became mired in financial and emotional problems. In an effort to save a failing business, he took money from the bankruptcy fund in hopes of eventually paying it back.

Garrison said his judgment was clouded at the time by alcohol and marijuana. He voluntarily gave up his law license and pleaded guilty to embezzlement.

Since then, he says, his life has changed. Garrison has successfully struggled to cope with an alcohol problem, several deaths of family members and close friends, and the realization of his sexual identity.

All that needed to be explained, he said, in showing the Bar that he is now ready to resume a law practice.

"I used to lead a very secretive life," he said. "It's very liberating to live differently."

In recent years, Garrison has spoken out on gay-rights issues, complaining in 1990 that Roanoke authorities were using an anti-solicitation ordinance unfairly against gay men. He has also been appointed to city committees and recently was invited to Mayor David Bowers' economic summits.

It is somewhat rare for the Supreme Court to reinstate the license of a disbarred lawyer. Only about one request a year is made, according to Patricia Rios, clerk of the state Bar's disciplinary system.

In the past year, there have been about five petitions for reinstatement by disbarred lawyers. "It's very unusual" for there to be so many, Rios said.

What is even more unusual was that on the same day Garrison's license was reinstated, so was the license for another paralegal who works in the same Roanoke firm - David Nichols, who was convicted in 1986 of helping launder money for a drug dealer.

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by Archana Subramaniam by CNB