Attorney Grievance Com'n of Maryland v. Painter

• Decision Date: 13 October 1999
• Docket Number: Misc. Subtitle AG No. 25
• Citation: 356 Md. 293,739 A.2d 24
• Parties: ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Richard E. PAINTER.
• Court: Maryland Court of Appeals

739 A.2d 24

356 Md. 293

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Richard E. PAINTER.

Misc. (Subtitle AG) No. 25, Sept. Term, 1998.

Court of Appeals of Maryland.

October 13, 1999.

Melvin Hirshman, Bar Counsel and James P. Botluk, Assistant Bar Counsel for petitioner.

No argument on behalf of the respondent.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, CATHELL and ROBERT L. KARWACKI (Retired, Specially Assigned), JJ.

BELL, Chief Judge.

The Attorney Grievance Commission of Maryland, the petitioner, through Bar Counsel and pursuant to Maryland Rule 16-709,¹ filed a Petition for Disciplinary Action against Richard E. Painter, the respondent, alleging that the respondent engaged in misconduct involving domestic violence and abuse of his wife and children. More particularly, the petitioner charged that the respondent violated Rule 8.4² of the Maryland Rules of Professional Conduct, Maryland Rule 16-812, Appendix: Rules of Professional Conduct of the Maryland Rules.

We referred the matter to the Honorable Martha G. Kavanaugh of the Circuit Court for Montgomery County, to make findings of fact and draw conclusions of law pursuant to Maryland Rule 16-711(a).³ Following a hearing, Judge Kavanaugh filed Findings of Fact and Conclusions of Law as follows:

"On December 7, 1998, a hearing was held before this court. Counsel for the Attorney Grievance Commission, James Botluk, was present and respondent, Richard E. Painter, was present, pro se. Two police officers and respondent testified. Without objection by respondent to any hearsay contained in the documents, the court received the following exhibits: 1) the police report and the docket entries in criminal case State v. Painter, (Montgomery County criminal case number C71368), and 2) the trial transcript of respondent's divorce case Painter v. Painter, (Montgomery County civil case no. 113985), and the resultant appellate decision Painter v. Painter, 113 Md.App. 504 (1997).

"On April 15, 1994, the Grand Jury for Montgomery County indicted respondent, on a twelve-count indictment alleging various degrees of domestic violence against his wife and children. The charges ranged from attempted murder to stalking. On December 19, 1994, respondent pled guilty to two counts of transporting a handgun and two counts of battery. The court disposed of the case under Article 27 § 641, placed respondent on five years supervised probation, and fined him $400.00. On March 31, 1997, the court found respondent in violation of probation, but declined to revoke his probation.

"On November 1995, respondent's divorce was tried in the Circuit Court for Montgomery County. On appeal, in Painter v. Painter, 113 Md.App. 504, 529 (1997) Judge Cathell wrote:

"Due to the seriousness of the problem of domestic violence in our society and the extreme example of domestic violence contained in this case, we commit this case to the reporter in order that the facts contained herein may be preserved as examples of the seriousness of this, all too frequent, recurring problem and to again emphasize that a woman is not required to be a homicide victim in order to establish the elements of constructive desertion."

"FACTS

"The court, from the testimony and the exhibits, has determined the following facts by clear and convincing evidence. This narrative summarizes examples of respondent's acts of violence towards his wife and children from 1978 until 1994.

"Spousal Abuse

Linda Painter married respondent in 1978. Respondent was twenty-nine years older than Linda. They have two children, Daniel (now 18) and Christina (now 13). From the time of their honeymoon, respondent was physically abusive to his wife.

"In 1991 respondent beat Linda's head against the garage floor and swung a hatchet at her. Daniel witnessed the incident during which his father called his mother "a goddamn, fucking bitch." Respondent got on top of Linda and pounded her head. As a result, Linda injured her back. When physically able, Linda and Daniel drove to her mother's home in Florida. Linda returned to the family home only after respondent promised to cease the violence towards her.

"Respondent, however, continued to verbally abuse and slap Linda. On May 10, 1993, Linda feared once again for her life. Respondent knocked her out of a chair, jumped on top of her and beat her. Linda ran outside whereupon respondent kicked her, cursed her, choked her, bashed her head, and pulled her hair. Her grown stepson pulled respondent off of her. Later, respondent told Linda that he planned to either commit suicide or kill her. At that time, respondent kept guns in his bedroom. Finally, Linda obtained a protective order from domestic violence, which allowed her to remain in the family home without the respondent. She hired a bodyguard at $250.00 per day until her money ran out.

"On February 4, 1994, the police became involved with the Painter family violence. Linda called the Montgomery County Police Department, told them that her estranged husband, who had threatened to kill her, was armed and parked a few blocks away. Officer Mark Lee located the respondent and found a .38 Caliber Special and a .32 Smith and Wesson on his person. Both guns were loaded, and spare bullets were found in respondent's pockets. This police intervention lead to respondent's guilty pleas. His explanation to this Court was that his plan was to blow his brains out in front of his wife, so that she would always remember his suicide but that he had changed his mind before the encounter with Officer Lee.

"Child Abuse

"On New Year's Eve in 1990, respondent flew into a rage because his son, Daniel, hit the wrong switch and turned on a fan. Respondent grabbed Daniel and beat his head against a wall. Respondent's wife, Linda, and his sister, Madge Adkins, attempted to assist Daniel, which resulted in respondent beating his wife and calling her a "stupid, fucking bitch." Other reported incidents of violence towards Daniel include respondent giving Daniel a black eye on Daniel's first birthday and other occasions of his grabbing Daniel, of his throwing Daniel against walls, and of his choking Daniel.

"Respondent was usually verbally abusive rather than physically abusive toward his daughter, Christina. Since the time Christina was a baby, respondent would call her a "fucking brat." When Christina was in the first grade, he said to her "you are nothing but a fucking, goddamn bitch, just like your mother." When Christina was five she accidentally messed up her father's hair. Respondent grabbed her around the neck, choked her, and shook her head back and forth. On another occasion when Christina was five, the respondent, with closed fist, slugged her in a restaurant because she wanted orange juice instead of her father's preference for milk. In addition, there was testimony that respondent beat and kicked Christina's dog. Once he threw the dog off the second story deck in front of his wife and daughter.

"Respondent's Testimony

"Respondent testified that he is a member of the District of Columbia and Maryland bars. He worked as a GS-11 for the Department of Justice and then joined a law firm in Upper Marlboro. He has held positions as an assistant county attorney, Deputy State's attorney, trial magistrate, and People's Court judge. In 1960, he returned to private practice. He voluntarily closed his law office in November 1993 due to his "mental state." His selfimposed exile from practicing law continues even though he has been a member in good standing of the Bar for forty-two years.

"Respondent admitted pleading guilty to the handgun and battery charges. He described his violation of probation as a brief incident in a parking lot, which he regarded as a technical violation at best. He repeatedly pointed out that there was no medical evidence of injuries to his wife and children throughout the entire period of his marriage. Respondent never denied, however, any of the incidents of domestic violence. "He described his "mental condition" as depression. He testified that he committed himself to Montgomery General Hospital from February 4 to March 17, 1994, after the incident with the handguns. The police report notes, however, that it was in fact the police who obtained respondent's emergency admission to Montgomery General Hospital on an involuntary basis. In any event, respondent was transferred to Perry Point Veteran's Hospital where he was arrested. Respondent was under the care of a psychiatrist for a year and onehalf. At the time of the hearing respondent was not receiving counseling nor taking medications. Respondent did not offer his psychiatric records to this Court.

"Law

"In Attorney Grievance Commission of Maryland v. Stanley E. Protokowicz, Jr., 329 Md. 252, 257 (1993), the respondent attorney admitted on appeal to his violation of Rules of Professional Conduct, Rule 8.4 (misconduct).1 In Protokowicz, the Respondent was representing his long-time friend in his divorce case. Respondent had assisted his client in breaking into the client's estranged wife's home, in taking personal property and materials having evidentiary value in their divorce case and in killing the family cat in a microwave oven. Respondent pled guilty to two misdemeanors: breaking and entering a dwelling house and cruelty to animals. In mitigation, respondent was intoxicated at the time of his offenses. The Court said: "Respondent is guilty of serious misconduct.... This is outrageous behavior, a world apart from what this Court, the profession, and the public is entitled to expect from members of the bar[.] Id. at 261, 262 . The Court of Appeals found that the respondent's conduct was an "aberration" but nevertheless found "the egregious nature of that conduct warrants the imposition of a significant sanction." Id. at 263, 619 A.2d 100.

"In the instant case, there is clear and convincing evidence that respondent committed criminal acts, namely battery and...