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91 Wash. L. Rev. 1253 (2016)
The House Edge: On Gambling and Professional Discipline

handle is hein.journals/washlr91 and id is 1277 raw text is: THE HOUSE EDGE: ON GAMBLING AND PROFESSIONAL DISCIPLINE By Stacey A. Tovino* Abstract: On March 26, 2014, the Iowa Supreme Court revoked the license to practice law of Cedar Rapids attorney Susan Hense. Admitted to the Iowa Bar in 1996, Hense subsequently misappropriated $837,000 in client trust funds to feed her addiction to casino gambling. This Article assesses how attorneys like Hense who are addicted to gambling are treated in professional disciplinary actions, including license suspension, revocation, and reinstatement proceedings. Themes that emerge include public misunderstanding of gambling disorder, stigma against individuals with gambling disorder, statutory recognition of substance addictions but not behavioral addictions, and mandatory attendance at religion- based fellowship meetings as a condition of license reinstatement. An important contribution to both the health law and professional responsibility literatures, this Article makes five specific proposals designed to ensure the fair and equitable treatment of individuals with gambling disorder in future professional disciplinary proceedings. INTRODUCTION ................................... 1254 I. ON PROFESSIONAL RESPONSIBILITY............. ....... 1260 II. ON ATTORNEY GAMBLING .................. 1266 A. In re Michael Reilly.................... ...... 1267 B. In re Danny Winder. .......................... 1269 C. In re Samuel Bellicini............... .......... 1271 D. In re Douglas Crawford ........................ 1273 III. THE HOUSE EDGE.. ....................... ........ 1278 A. Gambling Disorder Is a Disease of the Brain, Not a Bad Habit, Moral Failing, or Character Weakness .... .... 1278 1. Understanding Gambling Disorder .. .............. 1278 a. Gambling Disorder Classification, Diagnostic Criteria, and Prevalence ............. ..... 1278 J.D., Ph.D.; Lehman Professor of Law and Director, Health Law Program, William S. Boyd School of Law, University of Nevada, Las Vegas. I thank Daniel Hamilton, Dean, William S. Boyd School of Law, for his generous financial support of this research project. I also thank Ian Bartrum, Doug Crawford, Sara Gordon, Ted Hartwell, Jeremy Lipshutz, Keith Miller, Sarah St. John, Marketa Trimble, and the attendees of the 2015 UNLV Gaming Law Conferences, the 2015 Gaming Law Minefield Conference, and the 2015-2016 Houston Vulnerability and the Law Symposium for their comments on the research and ideas presented in this Article. Finally, I thank Jeanne Price (Director, Wiener-Rogers Law Library), Chad Schatzle (Student Services Librarian, Wiener-Rogers Law Library), and Andrew Martineau (Research Librarian, Wiener-Rogers Law Library) for locating many of the sources referenced herein. 1253

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