“On some level, Fenstermaker clearly cared for his clients and thought that what he was doing was advancing their cause,” Justice Thomas R. McKeon said in a sanctions order. “That is why the court does not opt for disbarment.”
A Maine Superior Court justice rejected the Board of Bar Overseers’ recommendation to suspend a veteran New York criminal defense attorney, finding a three year suspension was warranted for allegedly contributing to additional charges being filed against a client, as well as himself.
Scott L. Fenstermaker, a Harvard Law School graduate with more than 30 years of experience, expanded his solo practice from New York to Maine—though it was short-lived. After being admitted to the Maine bar in May 2022, he faced interim suspension months later for a variety of matters, including filing frivolous and “boilerplate” motions and pleadings in cases where he would be a necessary witness, making statements about other judges in reckless regard, belittling other attorneys, among other allegations.