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Attorney Grievance Commission v. Garland4/16/1997
He wrote "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 United States Supreme Court summarized the duty to obey court orders in Maness v. Meyers, 419 U.S. 449, 458-59, 95 S. Ct. 584, 591, 42 L. Ed. 2d 574, 583 (1975) (citations omitted) (quoting United States v. United Mine Workers, 330 U.S. 258, 293, 67 S. Ct. 677, 696, 91 L. Ed. 884 (1947):
We begin with the basic proposition that all orders and judgments of courts must be complied with promptly. If a person to whom a court directs an order believes that the order is incorrect the remedy is to appeal, but, absent a stay, he must comply promptly with the order pending appeal. Persons who make private determinations of the law and refuse to obey an order generally risk criminal contempt even if the order is ultimately ruled incorrect. The orderly and expeditious administration of justice by the courts requires that "an order issued by a court with jurisdiction over the subject matter and person must be obeyed by the parties until it is reversed by orderly and proper proceedings."
In determining the appropriate sanction, we think several factors are important considerations. The first is Respondent's behavior and utter disregard for the laws of this State and valid orders of court. Second, Respondent fails to recognize his serious alcohol problem and has taken no remedial steps to address his alcohol addiction. He has failed to enter into alcohol counseling, either through the D.W.I. facility, the program of Mr. Richard Vincent of the Maryland State Bar Association, or any other suitable treatment program. Judge Greene found that Respondent had two prior convictions for alcohol related traffic offenses, and concluded that Respondent suffers from a serious problem of alcohol abuse.
In light of these circumstances, we shall order that Respondent be forthwith suspended indefinitely from the practice of law in this State, with the right to apply for readmission after the expiration of six months. In making such application, he must understand that he will be reinstated only if he meets the following conditions:
(1) He shall abstain from consumption of alcoholic beverages.
(2) He shall participate in such rehabilitative activities as may be prescribed from time to time by Bar Counsel and by the Director of the Lawyers' Counseling Program of the Maryland State Bar Association.
(3) He shall pay the sums which he owes to the Clients' Security Trust Fund of the Bar of Maryland.
(4) He shall pay all costs incurred in connection with this proceeding on such schedule as Bar Counsel may specify once Garland's obligations to the Clients' Security Trust Fund have been liquidated.
Respondent must understand that a breach of any one of the above conditions will be grounds for renewal of his indefinite
suspension. The matter of these conditions is subject to the further order of court.
IT IS SO ORDERED; RESPONDENT SHALL PAY ALL COSTS AS TAXED BY THE CLERK OF THIS COURT, INCLUDING COSTS OF TRANSCRIPTS, PURSUANT TO MARYLAND RULE 16-715, FOR WHICH SUM JUDGMENT IS ENTERED IN FAVOR OF THE ATTORNEY GRIEVANCE COMMISSION OF MARYLAND AGAINST THOMAS A. GARLAND.
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