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Commissioners split on sanctions after a string of false-return allegations
Summary
Commissioners debated whether false sworn returns by process servers should trigger automatic revocation or whether mitigating facts justify probated suspensions and fines; staff cited corrective action and early acceptance of responsibility in recommending settlements for several respondents.
At the Feb. 6 meeting commissioners extensively discussed multiple disciplinary matters alleging false or inaccurate returns of service. Commissioner London argued that when a process server signs a return falsely stating personal service and then swears to that return, the act is tantamount to perjury and should, in many cases, lead to permanent revocation of certification.
Staff presenting counsel urged the commission to consider mitigating circumstances on a case-by-case basis. Miss Mohan and other staff pointed to several respondents who accepted…
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