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Attorney Grievance Commission v. Garland4/16/1997
Opinion by Raker, J.
The Attorney Grievance Commission, acting through Bar Counsel, filed a petition for disciplinary action against Thomas A. Garland, Respondent, for violation of the Rules of Professional Conduct. The petition alleged that Respondent violated Rules 8.4(b) and 8.4(d). Bar counsel recommends an indefinite suspension.
Pursuant to Maryland Rule BV9(b), we referred the matter to Judge Clayton Greene, Jr. of the Circuit Court for Anne Arundel County to make findings of fact and conclusions of law. Following an evidentiary hearing, Judge Greene found that Respondent had violated Rules 8.4(b) and 8.4(d). Respondent filed exceptions to Judge Greene's findings.
I.
The charges in this matter arose out of Respondent's conduct in August, 1992, resulting in his conviction for driving under the influence of alcohol and driving on a suspended license, and his subsequent failure to comply with the order of the circuit court commanding him to report to the Prince George's County D.W.I. treatment facility. Although these convictions were reversed on appeal, Bar Counsel proceeded with this disciplinary action. After an evidentiary hearing in this disciplinary matter, Judge Greene made the following findings of fact and conclusions of law:
"1) The Respondent was admitted as a member of the Maryland Bar on October 1, 1959. The Review Board, pursuant to BV-7 of the Maryland Rules of Procedure, directed Bar Counsel to file charges against the Respondent relating to disciplinary actions stemming from the outcome of court proceedings in Anne Arundel County before the Honorable Lawrence H. Rushworth.
"2) The Complainant, Joseph Murtha, Esquire, Senior Assistant State's Attorney for Howard County, notified Bar Counsel in a letter dated November 3, 1993 of the Respondent's conviction and the Respondent's failure to report to the Prince George's County D.W.I. Facility on October 8, 1993.
"3) Further, that on or about October 29, 1993, the Circuit Court for Anne Arundel County issued a bench warrant as a result of Respondent's failure to report to the D.W.I. facility.
"4) That on or about December 17, 1993, Judge Rushworth determined that the Respondent violated the terms of his probation and imposed a six (6) month sentence to be served at the Howard County Detention Center.
"5) On or about September 21, 1993, the Respondent was convicted during a court trial before the Honorable Lawrence H. Rushworth of the Circuit Court for Anne Arundel County on charges of driving under the influence of alcohol and driving while suspended. Judge Rushworth was specially assigned to hear the charges against Mr. Garland because the judges of the Circuit Court for Howard County all had recused themselves. The facts presented at the trial on September 21, 1993 revealed that the Respondent operated a dark sedan in a residential community at night in an erratic manner. The Respondent's vehicle passed another vehicle on a curve. The Respondent's front tire was flat and the vehicle crossed the double yellow line. Trial Transcript, p. 22. The independent witness who observed the driving described the odor emanating from the vehicle as the smell of "burning rubber." When the vehicle came to rest, the witness described the driver as sitting up and then falling back over to the right while the vehicle was parked. Trial Transcript, p. 25. Officer Denton was called to the scene because of a reported driver slumped over the steering wheel of a vehicle. Upon arriving at the scene, the officer observed the vehicle parked at the curb with a flat tire and the driver was slumped sideways in the driver's seat. Trial Transcript, p. 31. The
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