 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Attorney Grievance Commission v. Garland4/16/1997
, because his alcohol related traffic convictions were reversed on appeal, he was innocent of all charges. He also argued that, since he received Judge Rushworth's written order in the late afternoon of October 8, 1993 commanding him to appear at the D.W.I. treatment facility, it was impossible for him to comply with the court's order to report by 9:00 a.m. on that date. He further maintained that the written order expired because he received it after 9:00 a.m.
Judge Greene correctly noted that a reversal of a criminal conviction does not control the disciplinary proceeding and that a criminal conviction is not required in order to find a violation of Rule 8.4. All that is required is proof by clear and convincing evidence of conduct that constitutes a commission of the offense. Attorney Griev. Comm'n v. Proctor, 309 Md. 412, 418, 524 A.2d 773, 776 (1987). If the evidence presented at the hearing is sufficient to sustain a finding by clear and convincing evidence that the conduct occurred, the fact that a criminal conviction did not result from the conduct or that the judgment was reversed does not preclude a finding of misconduct. See Attorney Griev. Comm. v. Breschi, 340 Md. 590, 667 A.2d 659 (1995) (holding that evidence showed a wilful failure to pay taxes and a violation of Rule 8.4(d) despite fact that there was no criminal prosecution); Attorney Griev. Comm'n v. Proctor, 309 Md. 412, 418, 524 A.2d 773, 776 (1987); Attorney Griev. Comm'n v. Deutsch, 294 Md. 353, 366, 450 A.2d 1265, 1271 (1982).
At the disciplinary hearing before Judge Greene, Bar Counsel introduced into evidence the September 21, 1993 transcript of the criminal trial. Respondent stipulated to the authenticity of the document and objected to the admissibility of the transcript on the grounds of relevancy. Judge Greene admitted the transcript into evidence.
An attorney may be disciplined for acts which are criminal but do not result in a criminal conviction if Bar Counsel proves the underlying conduct at the disciplinary hearing. In the instant action, Bar Counsel relied on the transcripts of the criminal proceedings to prove the underlying conduct. Because at the criminal trial before Judge Rushworth Respondent relied on a legal challenge to the entire proceedings with which the Court of Special Appeals agreed, he may have lacked the incentive to present a full defense on the merits to the underlying traffic charges in the criminal case. Under these circumstances, we shall assume that it was impermissible to use the transcript to prove the underlying criminal conduct and we shall not consider that conduct in our determination of the appropriate sanction. We therefore sustain his exception in this regard. Nonetheless, the transcript of the sentencing proceeding was properly admitted to show the order of the court and Garland's knowledge of it.
3.
Respondent alleges in his third exception that Judge Greene erred in concluding that Respondent's failure to report to the D.W.I. facility was conduct prejudicial to the administration of justice and in violation of the Rules of Professional Conduct.
Judge Greene found that Judge Rushworth, the sentencing judge, in open court, directed Respondent to report to the D.W.I. facility no later than 5:00 p.m. on October 8, 1993. Our review of the record leads to the inescapable conclusion that Respondent flagrantly ignored the order of court to appear at the treatment facility and that he had no reasonable basis to conclude, as he now argues, that the order of court had expired.
On October 1, 1993, Respondent was sentenced to serve 33 days in the Prince George's County D.W.I. Facility, to be followed by 30 days in the How
Page 1 2 3 4 5 6 7 8 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|