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In re Thompson11/21/2005
Submitted September 27, 2005
DISBARRED
In this attorney disciplinary matter, respondent and the Office of Disciplinary Counsel (ODC) have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR. In the agreement, respondent admits misconduct and consents to the imposition of any sanction set forth in Rule 7(b), RLDE, Rule 413, SCACR. We accept the agreement and disbar respondent. The facts, as set forth in the agreement, are as follows.
FACTS
Matter I
On May 18, 2004, respondent was indicted by the State Grand Jury for the offense of distribution of cocaine by conspiracy in violation of South Carolina Code Ann. § 44-53-370(b)(2002). On February 18, 2005, she pled guilty and was sentenced to seven years imprisonment and fined $12,500.00, suspended upon payment of $2,000.00 and three years probation with certain conditions.
Matter II
Respondent represented Client A, a defendant who was in arrears on child support payments. Client A's mother made a partial payment of $1,000.00 on behalf of Client A and respondent arranged for the plaintiff to execute an affidavit that she had received the payment. The plaintiff executed the affidavit.
Thereafter, respondent altered the affidavit by "whitening out" the $1,000.00 figure and entering the full amount of Client A's arrearage. At the hearing, respondent represented to the court that full payment had been made by or on behalf of Client A and offered the affidavit in support of that representation. The court did not accept the affidavit and required the plaintiff to be present to testify.
At a subsequent hearing, the plaintiff testified that $1,000.00 had been the amount shown on the affidavit when she signed it. It was discovered during this hearing that the original amount had been "whited out" and that a different amount had been written in.
Respondent denied having altered the affidavit in her response to ODC's Notice of Full Investigation and, again, during her Rule 19(c)(4) interview, but now acknowledges that she did alter the affidavit and her representations to the contrary were not correct.
Matter III
Respondent was scheduled to appear in magistrate's court for a trial at 2:00 p.m. Respondent's secretary telephoned the magistrate's office at approximately 12:15 p.m. and said she was unsure respondent would be able to attend the trial. Respondent's secretary was instructed to call back after 1:00 to speak with a certain member of the judge's staff. Respondent's secretary called as instructed and reported that respondent would not be able to attend due to a sick child.
The magistrate was informed of respondent's secretary's call and called the secretary. The judge denied a continuance because this was the third time respondent had called requesting a continuance just prior to the hearing.
After swearing the jury, the judge was notified that respondent wanted to speak with him by telephone. The judge informed respondent that the continuance was denied and gave his reasons for the ruling. The judge reported respondent became upset and began using profane language toward him and continued to do so despite five or six requests to refrain from such conduct. The judge eventually ended the conversation by hanging up the telephone. Respondent acknowledges being upset with the judge's denial of the continuance and to using obscenities in her conversation with the judge.
Matter IV
After receiving an unfavorable ruling in court, respondent raised her voice while being addressed by the judge. The judge admonis
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