Poor Sleep Is No Excuse

Judge gavel and law books

A Concord, New Hampshire, attorney found he couldn’t blame his sleep apnea for problems on the job.

Attorney Joshua Mesmer appealed his three-year suspension by an attorney disciplinary committee by arguing that his severe sleep apnea made him incapable of knowingly committing violations — namely repeatedly telling his client he had filed paperwork on her behalf when he had not done so, according to a Feb. 27 Associated Press report.

The state Supreme Court upheld his suspension and said his sleep apnea was a personal problem, not a disability.

“Sleep apnea did not cause the respondent’s most serious misconduct: his dishonesty to his client and the court,” the justices wrote.

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