Pennsylvania lawyer suspended after 'upskirt' conviction

Followed, filmed women with video camera attached to shoe

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A Pennsylvania attorney has been suspended for six months after being convicted of invasion of privacy for covertly filming up the skirts of two females, one of whom was a minor, in a public place.

The state Supreme Court adopted the report and recommendation of its disciplinary board in ordering that Clayton W. Boulware, a corporate counsel for Resources for Human Development Inc. from Montgomery County, be placed on suspension for six months, to be followed by a three-year probationary period.

The court's disciplinary board called Mr. Boulware's suspension and probation, contingent on his continued mental health treatment, a case of first impression.

The board noted in its report that it would take a more lenient approach to reprimanding Mr. Boulware because of mitigating circumstances.

"We are mindful of the bedrock principle that the purpose of the disciplinary system is not to punish but rather to protect the public and uphold the integrity of the profession," the board said. "The evidence of record supports the conclusion that [Mr. Boulware] does not have a sexual disorder and is not at risk for repeating the behavior which led to his arrest and conviction."

According to the report, on Sept. 9, 2008, Mr. Boulware, in a Montgomery County supermarket, followed a 16-year-old girl and her mother throughout the store, filming the girl with a video camera attached to his shoe as she bent over to pick up store items.

Earlier that same day, Mr. Boulware followed an adult woman into the same market and similarly videotaped her up her skirt by standing close to her, the board noted.

Both incidents occurred without the knowledge and consent of the victims, the board said.

In both situations, the report said, Mr. Boulware was noticed by the victims, who reported the incident to the police. He attempted to flee the store, was blocked by the girl's mother, pushed the mother, but was then detained by store personnel until the police arrived.

On the same day, Mr. Boulware was charged with stalking, corruption of minors, invasion of privacy, open lewdness and disorderly conduct, according to the report. Police subsequently filed a search warrant and found a memory card in Mr. Boulware's camera containing video clips of "upskirt" -- as Mr. Boulware described them -- shots of additional women taken at other shopping venues.

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P.J. D'Annunzio: pdannunzio@alm.com or 215-557-2315. Read more articles like this at www.thelegalintelligencer.com


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