Attorney’s N.Y. License Suspended Over Excessive Public Masturbation

A New Jersey attorney with several lewdness and public masturbation convictions has lost his license to practice law in the state of New York for two years.

This is some sub-Jimmy McGill shit right here.

Todd Clifford Sicklinger’s license was suspended because his conduct violates professional conduct rules in both states, according to a Nov. 8 New York appellate court order. New Jersey twice suspended Sicklinger’s license, most recently in May 2017.

Sicklinger’s conduct—excessive public masturbation, including arrests for lewdness under New Jersey law—violates New York’s professional conduct rule 8.4(d), which prohibits attorneys from engaging in conduct “prejudicial to the administration of justice.”

Sexually-based misconduct like Sicklinger’s calls for a “significant sanction” because it diminishes public trust in the legal profession and disregards the high standards lawyers must uphold, the court said. Sicklinger’s public masturbation wasn’t a single incident, but instead part of “a pattern of inappropriate sexual conduct.”

He also failed to tell the New York bar about his New Jersey suspension was delinquent in registering multiple times, the court said. Sicklinger didn’t participate in the New York disciplinary proceedings, which indicates “his lack of interest in his fate as an attorney in this state,” the order said.

Excessive public masturbation

I. The Point Pleasant Beach Incident

On June 26, 2007, respondent pleaded guilty in Point Pleasant Beach Municipal Court to municipal ordinance 3-21, prohibiting “Nudity, Indecent or Lewd Dress and Exposure,” for which he was fined a total of $339 with costs. The only account of respondent’s June 1, 2007 actions is contained in the police report of even date by Point Pleasant Beach police officer Matthew Duffy:

This officer observed a white male subject sitting at the corner of the bar in front of the dance area of the bar with his hand down his shorts and appeared to be masturbating. This officer observed him staring at a group of woman [sic] dancing on the dance floor as he did this. This officer also observed a couple of male bar patrons look at what this subject was doing and appeared alarmed, moving away from him. This officer also observed this subject take his hand out of his shorts when someone appeared to notice what he was doing, then put his hand back when the person moved away.
This officer approached this subject and requested to speak to him outside the main bar area. This officer spoke to this subject, who identified himself as Todd C. Sicklinger, in the walkway from the boardwalk to the Tiki Bar. This officer asked Sicklinger if he knew why I wanted to speak with him. He nodded his head stating that he knows that he shouldn’t have been masturbating in public like he was. He stated that he is going through a divorce and wanted to relieve some tension. Sicklinger apologized for his actions and asked if he could be given a warning.
[OAEbEx.2).

II. The Belmar Borough Incident

On May 24, 2 008, respondent was charged in Belmar Borough Municipal Court with lewdness, a disorderly persons offense, in violation of N.J.S.A 2C:14-4a. On July 16, 2008, respondent pleaded guilty in Belmar Municipal Court to an amended violation of Belmar Borough municipal ordinance 16-15, involving fighting and disorderly conduct. He was fined a total of $1,033, including costs.

At sentencing, respondent admitted that, on May 24, 2008, while at a Belmar restaurant and bar known as Connolly Station, he drank “a lot of vodka and a lot of beer” before acting “in an inappropriate manner which offended the people” around him. Respondent’s defense counsel characterized respondent’s actions as “terribly inappropriate.” The sentencing judge declined to “go into specifics but . . . [respondent has] represented . . . it won’t happen again.”

The only other account of the events underlying the charge is contained in the May 24, 2008 municipal complaint:

Within the jurisdiction of this court, perform a flagrantly lewd and offensive act by gratifying the sexual desire of defendant or any other person, knowing or reasonably expecting that the act was likely to be observed by a nonconsenting person who would be affronted or alarmed, specifically by grabbing his penis through his pants and starting to masturbate while on the dance floor at Connolly Station in violation of N.J.S.A. 2C:14-4a.
[OAEbEx.3.]

III. The Bradley Beach Borough Incident

On November 16, 2010, respondent appeared in Bradley Beach Municipal Court and pleaded guilty to the disorderly persons charge of lewdness, in violation of N.J.S.A.2C:14-4a. He was sentenced to one year of probation and a total of $666 in fines and costs. At sentencing, the following colloquy took place:

[THE COURT]: — and as we discussed in chambers, there was Officer [William] Major who was outside who observed this situation.
He observed the defendant outside a Quick Chek. He then observed the defendant walk in the Quick Chek. There are no observations of Officer Major of the defendant’s actions inside Quick Chek. However, the defendant quickly exited Quick Chek and, upon exiting the Quick Chek, it was observed again by Officer Major and those observations were that it was apparent that the defendant, although not exposed by way of his penis to the general public, that there was an erection and that he was attempting to masturbate with regards to this.
[RESPONDENT’S COUNSEL]: Underneath his clothing.
THE COURT: Underneath his clothing.
[RESPONDENT’S COUNSEL]: That is correct, your Honor.
THE COURT: There was no per se victim that was calling the police. This was an observation by Officer Major. So, I think that that’s important to at least put on the record with regards to this. We don’t have a female or any child that is, in fact, indicated that they were affronted by this. No phone calls to the police department, strictly an observation. Not that it excuses the defendant’s actions. I don’t mean that on the record to show any inference that this Court is accepting the defendant’s behavior as an excuse, but I do believe that it is a mitigating factor as it calls into play ethics with regards to this matter; that there was no so-called victim that called and alerted police to this incident.
[RESPONDENT’S COUNSEL]: Thank you, your Honor. We would stipulate to that.
[OAEbEx.8 at 7.]

The account of Officer Major is contained in his official report of the July 22, 2010 incident:

This officer observed a male subject later identified as Todd Sicklinger walking south through the Quick Check lot. This officer observed Sicklinger’s right hand to be down the front of his pants and his hand to be stroking his penis as he was walking through the lot. Sicklinger then entered Quick Chek while masturbating. Sicklinger quickly exited the store and began walking east on Park Place Avenue. This officer then stopped Sicklinger at the 500 block of Park Place, for the observed violation. This officer asked for his identification and asked Mr. Sicklinger to have a seat on the curb. Mr. Sicklinger then yelled “[F***] You I will fight you now.” This officer advised Mr. Sicklinger to relax and to keep his voice down. This Officer then observed that Mr. Sicklinger”s penis was still erect.

When two additional policemen arrived as backup, respondent began yelling “[F***] you guys, you are all fat” and, after removing his shirt, “squared off” against them. He continued to challenge them to fight, yelling “Let’s go all three of you, I will [f***] you up.” Respondent was then placed under arrest for disorderly conduct and escorted to the patrol vehicle. The officers had difficulty securing respondent in the rear of the vehicle, as he refused to sit and attempted to kick them.

The most recent case is Matter of Sicklinger, 2018 BL 413306, N.Y. App. Div., unpublished 11/8/18.

h/t: Bloomberg Law