Commissioners split on sanctions after a string of false-return allegations

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 responsibility early, undertook corrective actions, joined professional organizations and, in at least one case, started a process-server business as evidence of rehabilitation. Staff recommended, in such cases, sanctions short of revocation — typically a one-year probated suspension and an administrative fine.

Commissioners pressed staff on chronology and evidence. Several raised the question whether respondents notified their employers or vendors before complaints were filed; in at least one case staff produced an exhibit showing vendor contact on 01/27/2025 and an email exchange dated 02/13/2025, before a complaint dated 03/03/2025. Where staff could show corrective action or prior notice to a vendor, commissioners accepted settlements; where the record did not show corrective contact or the allegations appeared most serious, some commissioners voted to reject settlements and, in one instance, to seek permanent revocation.

Commissioner London moved that the commission permanently revoke a respondent’s certification in the matter tied to docket 0800; the motion received a second and passed by a show-of-hands vote. The chair instructed staff to send notice of the permanent revocation placement; the respondent retains the right to request a hearing under the commission’s rules.

The discussion included procedural points about the sanctions matrix and the commission’s discretion. Staff emphasized the matrix is a guideline and that individual mitigating and aggravating facts must guide sanctions. Commissioners asked staff to return with proposed rule and code-of-ethics updates and education prerequisites aimed at reducing future complaints against process servers.