Attorney Grievance Comm'n Of Md. v. Thaxton.

• Decision Date: 28 July 2010
• Docket Number: Misc. Docket AG No. 53, Sept. Term, 2009.
• Citation: 415 Md. 341,1 A.3d 470
• Parties: ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Ronnie THAXTON.
• Court: Maryland Court of Appeals

415 Md. 341

1 A.3d 470

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND

v.Ronnie THAXTON.

Misc. Docket AG No. 53, Sept. Term, 2009.

Court of Appeals of Maryland.

July 28, 2010.

Gail D. Kessler, Asst. Bar Counsel (Melvin Hirshman, Bar Counsel, Attorney Grievance Commission of Maryland), for petitioner.

No argument on behalf of the Respondent.

Argued before HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS, BARBERA and JOHN C. ELDRIDGE (Retired, Specially Assigned), JJ.

BATTAGLIA, J.

This is a reciprocal discipline action concerning Ronnie Thaxton, Respondent, who was admitted to the Bar of this Court on July 1, 2002, and to the Bar of the District of Columbia on December 4, 1995. On September 10, 2009, the District of Columbia Court of Appeals ordered Thaxton be suspended from the practice of law for one year with six months stayed, followed by a three year probationary period, in which he was required to participate in the District Bar's Practice Management Advisory Service. The Court of Appeals based its decision on Thaxton's violation of District of Columbia Rules of Professional Conduct 1.2(a), ¹ 1.4(a), ² 1.4(b), ³ 1.4(c), ⁴ 1.5(c), ⁵ 1.15(a), ⁶ 1.15(b), ⁷ 1.15(c), ⁸ and 8.4(d), ⁹ to which Thaxton admitted his wrongdoing, and upon the District of Columbia Court of Appeals Board on Professional Responsibility's Report and Recommendation for discipline.

On December 11, 2009, the Maryland Attorney Grievance Commission, acting pursuant to Rules 16-751(a)(2) ¹⁰ and 16-773(b), ¹¹ filed a Petition for Disciplinary or Remedial Action against Thaxton to which a certified copy of the District of Columbia Court of Appeals Opinion and the Hearing Committee's Report were attached. Bar Counsel incorporated by reference into its Petition the Opinion of the District of Columbia Court of Appeals and the findings of fact of the Hearing Committee. The District of Columbia Court of Appeals' opinion, filed on September 10, 2009, provided:

PER CURIAM: Respondent Ronnie Thaxton, a member of the bar of this court, has admitted to the negligent misappropriation of settlement funds in one case and interfering with the administration of justice in another. Respondent admits that in his representation of Ms. Terri

Roberts, he (1) did not notify his client when a settlement was offered or secure her consent to accept the settlement offer; (2) failed to notify his client when the settlement funds had been received and deposited into his trust account; (3) failed to timely pay Doctor Ashkan Aazmi's fee, which he was entitled to receive from the settlement for healthcare services rendered; and (4) withdrew $5,000 as his attorney's fees from his trust account immediately upon depositing them in 2006 without notifying his client that he did so. In his representation of Ms. Janice Arkue, Respondent admits that he interfered with the administration of justice when he failed to appear at a status hearing and a show cause hearing, resulting in the dismissal of Ms. Arkue's civil action for want of prosecution.

Respondent made the aforementioned admissions voluntarily, with the advice of counsel in connection with a petition for negotiated discipline, and supporting affidavit that was prepared by Bar Counsel and jointly filed on April 30, 2009. The Board on Professional Responsibility referred the petition to Hearing Committee Number Four, and following a hearing on May 29, 2009, where Respondent (1) reaffirmed his admission to all of the factual allegations in the petition; (2) acknowledged that each constituted a violation of the Rules of Professional Conduct; (3) stated that he understood the ramifications of the proposed sanction; and (4) confirmed that he was entering into the disposition freely and voluntarily, and not as the result of any coercion or duress, the Committee issued the report now before this court that recommends the negotiated sanction be imposed.

We have the report and recommendation in accordance with our procedure in uncontested disciplinary cases, and hereby accept the Hearing Committee's Report and Recommendation approving the petition for negotiated discipline. Accordingly, it is,

ORDERED that Ronnie Thaxton is hereby suspended from the practice of law in the District of Columbia for the period of one year with six months stayed, followed by a

three year probationary period to include participation in the District of Columbia Bar's Practice Management Advisory Service. The conditions of Respondent's probation are as outlined by the Hearing Committee's Report and Recommendation: if a new complaint is filed against Respondent within one year of the date of the beginning of the period of suspension, and such complaint results in a finding that Respondent violated the Rules of Professional Conduct, Respondent will be required to serve the remaining six months of the suspension consecutively with whatever other sanction may be imposed on him in the new matter or matters. Further, Respondent must return Ms. Robert's attorney's fees with interest and remit interest on money he has already delivered to her, prior to the expiration of the three-year probationary period. Finally, for the purpose of seeking reinstatement to the Bar, Respondent's suspension shall not begin until he complies with the affidavit requirements of D.C.Bar. R. XI, § 14(g) (2001 & 2008 Supp.).

So ordered.

(Footnotes omitted).

The District of Columbia Court of Appeals based its opinion on the Report and Recommendation of Hearing Committee Number Four Approving Petition for Negotiated Discipline, filed on July 10, 2009:

I. PROCEDURAL HISTORY

This matter came before Hearing Committee Number Four on May 29, 2009, for a limited hearing on a Petition for Negotiated Discipline (the “Petition”). The members of the Hearing Committee were Eric L. Yaffee, Esquire, Chair, Ms. Janice A. Buie, and Karen E. Branson, Esquire. The Office of Bar Counsel was represented by Assistant Bar Counsel, Clayton Smith III, Esquire. Respondent, Ronnie Thaxton, Esquire, was represented by Wendell Robinson, Esquire, and was present throughout the limited hearing.

The Hearing Committee has carefully considered the Petition filed by Bar Counsel, the supporting affidavit filed

by Respondent (the “ Affidavit”), and the representations made during the limited hearing by Respondent and Bar Counsel. The Chairman of the Hearing Committee also has fully considered Bar Counsel's investigative files ex parte.

II. FINDINGS PURSUANT TO D.C. BAR R. XI, § 12.1(c) AND BOARD RULE 17.5

The Hearing Committee, after full and careful consideration, finds that:

1. The Petition and Affidavit are full, complete, and in proper order.

2. Respondent is aware that there is currently pending against him an investigation into allegations of his conduct.

3. The nature of the allegations that were brought to the attention of Bar Counsel were that, in connection with Bar Docket No. 2007-D118, Respondent failed to notify Dr. Ashkan Aazami, a healthcare provider who provided medical services to Respondent's client, Ms. Terri Roberts, of the settlement of Ms. Roberts' claim, and failed to deliver to Dr. Aazami funds which he was entitled to receive from the settlement. In connection with Bar Docket No. 2009-D051, Respondent failed to appear at a status hearing and a show cause hearing, which resulted in the dismissal of Ms. Janice Arkue's civil action for want of prosecution.

4. Respondent has knowingly and voluntarily acknowledged that the material facts and misconduct reflected in the Petition are true.

5. Respondent is agreeing to the disposition because Respondent believes that he cannot successfully defend against charges of misconduct based on the stipulated facts set forth in the Petition.

6. Bar Counsel has made no promises to Respondent other than what is contained in the Petition for Negotiated Discipline. Those promises and inducements are that Bar Counsel will not pursue against Respondent any other disciplinary charges that could have been brought against him in Bar Docket No. 2007-D118 or Bar Docket No. 2009-D051. Respondent stated during the limited hearing that no other

promises or inducements were made to him other than those set forth in the Petition.

7. Respondent has conferred with his counsel.

8. Respondent has freely and voluntarily entered into this negotiated discipline.

9. Respondent has not been subjected to coercion or duress.

10. Respondent is competent and not under the influence of any substance or medication.

11. Respondent is fully aware of the implications of the disposition being entered into, including, but not limited to, the following:

a) he will have waived his right to cross-examine adverse witnesses and to compel witnesses to appear on his behalf;

b) he will have waived his right to have Bar Counsel prove each and every charge by clear and convincing evidence;

c) he will have waived his right to file exceptions to reports and recommendations filed with the Board and with the Court;

d) the negotiated disposition, if approved, may affect his present and future ability to practice law;

e) the negotiated disposition, if approved, may affect his bar memberships in other jurisdictions; and

f) any sworn statement by Respondent in his affidavit may be used to impeach his testimony if there is a subsequent hearing on the merits.

g) Respondent understands the conditions of his probation as set forth in Paragraph 12, below.

12. Respondent and Bar Counsel have agreed that the sanction in this matter should be suspension from the practice of law for one year with six months stayed, followed by three years of probation. However, if a new complaint is filed against Respondent within one year of the date of the beginning of the period of suspension, and such complaint

results in a finding that Respondent violated the Rules of Professional Conduct, Respondent will be required to serve the remaining six months of the suspension consecutively with whatever other sanction may be imposed...