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Attorney Grievance Commission v. Garland4/16/1997
On October 8, 1993, the Respondent did not report to the D.W.I. facility. The Respondent admits that he never made an effort to report to the Prince George's County D.W.I. Facility on October 8, 1993. He did not call Judge Rushworth after receiving the order on October 8, 1993 and he never contacted Mr. Bennett or the director of the Lawyer Counseling Service for Maryland State Bar Association as directed by the Court. The Respondent did not report to the D.W.I. facility or call them.
"8) On October 8, 1993, the Respondent appeared in the Circuit Court for Baltimore County engaged as counsel in the trial of a case before the Honorable J. Norris Byrnes.
"9) Respondent filed a Notice of Appeal on November 1, 1993. The Respondent did not file for a stay of the execution of the sentence of Judge Rushworth dated October 1, 1993.
"10) The Respondent, after having been found in violation of his probation, was incarcerated on or about December 17, 1993. After incarceration, the Respondent was released pursuant to a Writ of Habeas Corpus filed by him.
"11) In August, 1994, the Court of Special Appeals overturned the convictions rendered by Judge Rushworth on the basis of the denial of the Respondent's right to a speedy trial. The Court of Special Appeals declined to review any other issues.
ARGUMENT(S)
"At the BV-10 Hearing, the Respondent contended that by virtue of the reversal of the criminal conviction, the Respondent is innocent of all charges and that his alleged misconduct was before the Court of Special Appeals and they chose not to reach the point. Moreover, the Respondent contends that since Judge Rushworth's written order was mailed October 7, 1993 and received in the late afternoon of October 8, 1993, it was impossible for him to comply with the Court's Order to report to the facility by 9:00 a.m. on October 8, 1993. Accordingly, the Respondent further contends that the written order expired by its own terms when it reached the Respondent.
"Bar Counsel contends that the Respondent's conduct is in violation of the Rules of Professional Conduct, specifically Rule 8.4 . . . . "It is professional misconduct for a lawyer to: (b) commit a criminal act that reflects adversely on the lawyer's honesty and trustworthiness or fitness as a lawyer in other respects; (d) engage in conduct that is prejudicial to the administration of justice. Bar Counsel has abandoned any contention that the Respondent is incompetent as defined by Maryland BV-1(i).
"The Court finds that the Respondent by his actions has violated Rule 8.4, sub-section (b) and Rule 8.4, sub-section (d). The reversal by the Court of Special Appeals does not control the disciplinary proceeding. A criminal conviction is not required to find a violation of Rule 8.4. See Attorney Grievance Commission v. Deutsch, 294 Md. 353, 450 A.2d 1265 (1982) where the Court made reference to former rule DR 1-102(A)(3). The Court's position was confirmed in Attorney Grievance Commission v. Proctor, 309 Md. 412, 524 A.2d 773 (1987) when the Court stated that all that is required is clear and convincing evidence of conduct that constitutes the commission of the offense. The evidence presented at the Respondent's trial is both clear and convincing that on August 26, 1992 he operated a motor vehicle at night, erratically, while under the influence of alcohol. This was at least the Respondent's third alcohol related driving offense. The Respondent violated Judge Rushworth's probation by failing and refusing to enter into alcohol counseling, either through the D.W.I. facility or under the supervision of Mr. Vincent. Not only were the Respondent's actions criminal, but they likewise d
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