When a friend of mine got into legal trouble in Hanover this fall, she began the arduous task of finding good legal representation. After making a series of unsuccessful phone calls, she was referred to George Ostler '77 of DesMeules, Olmstead & Ostler, by a friend who'd been in similar trouble the fall before. Before she even finished explaining her case, Ostler had correctly guessed the name of the cop who was prosecuting. She hired him on the spot.
Ostler is arguably the lawyer of choice for Dartmouth students and Greek organizations alike, with a resume that includes the Kappa Kappa Gamma sink-night arrests, the Alpha Delta alleged sex tape scandal and Theta Delta Chi's alcohol violations, as well as many individual student cases. According to Ostler, who works out of Norwich, Vt., he handles about 30 Dartmouth cases each year, a number that has remained steady for the last number of years.
After growing up in White River Junction, Vt., and graduating from Dartmouth in 1977, Ostler took on a number of assorted jobs before completing his Vermont Law School education in 1983. He worked as a staff attorney for the New Hampshire Public Defender Program, then as managing attorney at the Grafton Public Defender's Office for six years before going into private practice in 1994.
Though his most publicized cases have involved varying charges, from sexual assault to hazing, about eighty percent of what Ostler deals with involves alcohol and drug infractions.
"The most typical cases are that the student is arrested for impairment," Ostler said, "and then because of the high level of intoxication they either involve some sort of physical activity with the police or they get searched and have false identification or small amounts of marijuana."
According to Ostler, Dartmouth cases present a unique challenge because students are dealing with Dartmouth's judicial system as well as the courts.
"Representing Dartmouth students is a multi-headed monster -- to deal with the courts, and try to put the students in the best possible position for disciplinary action with the college," he said.
Dartmouth's view on the severity of charges is different than that of the police, which adds an additional intricacy into the mix.
If a student is charged with possession of a small amount of marijuana, he is not likely to face a college suspension, though it will often constitute a criminal offence in court, Ostler said. On the other hand, a DUI, while it may be viewed in court as less serious than a marijuana charge, results in a student's automatic suspension from the College, according to Ostler.
As a lawyer for Dartmouth students, Ostler's usefulness is limited to court proceedings, because rules prohibit lawyers from being present at Committee on Standards hearings.
"I've worked with both college legal counsel and judicial affairs a lot over the years and the way the college disciplinary is set up, lawyers don't really have a direct role. The only time we're allowed in the hearings is if there is an active criminal case," he said. "Besides that, our role is limited to helping the students understand what the charges are, helping the students prepare their statements so [they] can be as clear as possible, making strategic decisions about other witnesses and that type of thing."
According to Ostler, The most important thing Dartmouth students can do to avoid legal trouble is know their constitutional rights and use them without hesitation.
"Students shouldn't feel compelled to speak to the police unless they freely choose to, or to allow police officers to search their person, rooms or cars," he said.
"If you're on the street and someone wants to breath test you, you have a right to refuse that and they can't compel you to do that. That is a search."
As for that friend of mine, she couldn't be happier with the results of her case. In fact, when she found out I was profiling George Ostler, she immediately sent me an enthusiastic BlitzMail shriek: "OSTLER IS A PIMP"--an expression of gratitude, she later explained, for the man who helped her out of all her legal concerns.
For the time being, Dartmouth students will probably continue to have run-ins with the law. And George Ostler will continue to be the man in their corner of the ring.
