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Attorney Grievance Commission v. Garland4/16/1997
emonstrated conduct prejudicial to the administration of justice. In a situation where an attorney refuses to obey the lawful order of a court, it shows obvious contempt for the very same court of which the Respondent is an officer.
"The Respondent's contention that he did not receive the judge's order timely is totally void of any merit. The judge recited in open court at the time of sentencing his concerns about the Respondent's need for treatment for alcoholism. The judge directed the Respondent to report to the D.W.I. Facility in Prince George's County no later than 5:00 p.m. on October 8, 1993. Further, to ensure that the Respondent would comply with the Court's Order, the sentencing judge set an appeal bond of $25,000.00 with the direction that he wanted to keep the Respondent off the street, describing the Respondent as a "loose cannon." Instead of complying with the Court's Order, the Respondent flagrantly ignored the Order. Instead of reporting to the D.W.I. facility on October 8, 1993 or seeking counseling from the director of Lawyer Counseling for the Maryland State Bar, the Respondent went about his normal pursuits of practicing law in Baltimore County on the date he was required to seek treatment. His conduct was clearly prejudicial to the administration of justice and in violation of the Rules of Professional Conduct.
"Wherefore, it is this 14th day of August, 1996, found by the Circuit Court for Anne Arundel County, for the reasons set forth herein, that the Respondent, Thomas A. Garland, has violated the following cited disciplinary rules of the Code of Professional Responsibility; to wit: Rule 8.4(b) and 8.4(d)."
Bar counsel took no exceptions to Judge Greene's findings. He states that "Respondent's conduct demonstrates that he knowingly engaged in criminal conduct, driving under the influence of alcohol and with a suspended license. . . . Likewise, his total disregard for the order of the court requiring him to report for treatment subsequent to his conviction shows contempt for the court and interference with the proceedings of that body." Bar Counsel recommends that this Court impose an indefinite suspension.
Respondent filed exceptions to Judge Greene's findings of fact and conclusions of law. Respondent prays that the matter be dismissed and no sanction be imposed.
II.
This Court has original and complete jurisdiction over disciplinary proceedings. Attorney Griev. Comm'n v. Kent, 337 Md. 361, 371, 653 A.2d 909, 914 (1995). In this regard, we make an independent and in depth review of the entire record, with particular attention to the evidence relating to the disputed factual findings. Bar Ass'n v. Marshall, 269 Md. 510, 516, 307 A.2d 677, 680-81 (1973). A hearing court's findings of fact are prima facie correct and will not be disturbed unless they are shown to be clearly erroneous. Attorney Griev. Com'n v. Goldsborough, 330 Md. 342, 347, 624 A.2d 503, 505 (1993). The ultimate decision as to whether an attorney has engaged in professional misconduct rests with this Court. Attorney Griev. Comm'n v. Joehl, 335 Md. 83, 88, 642 A.2d 194, 196 (1994).
Respondent filed the following exceptions to Judge Greene's findings:
1. The Hearing Judge completely failed to consider and make findings of fact with respect to Respondent's position that he was denied fundamental due process of law in the proceedings of the Inquiry Panel under Rule B.V.6, the minimum requirements of which are spelled out in that Rule.
2. The Hearing Judge indulged in a fact finding expedition relative to a case which had been reversed on Appeal in order to support the efficacy of an Order of Court (the failure of c
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