Attorney Grievance Commission of Maryland v. Spector, s. M

• Decision Date: 16 April 1982
• Docket Number: Nos. M,s. M
• Citation: 443 A.2d 965,293 Md. 324
• Parties: ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Allen B. SPECTOR. ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Maurice Roche WYATT. isc. (BV) 16, 17.
• Court: Maryland Court of Appeals

Page 324

293 Md. 324

443 A.2d 965

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Allen B. SPECTOR.

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Maurice Roche WYATT.

Nos. Misc. (BV) 16, 17.

Court of Appeals of Maryland.

April 16, 1982.

Glenn M. Grossman, Asst. Bar Counsel, Annapolis, for petitioner.

Paul Mark Sandler, Baltimore, for respondent, Allen B. Spector.

H.

Russell Smouse and George F. Pappas, Baltimore, for respondent, Maurice Roche Wyatt.

Argued before SMITH, COLE, RODOWSKY and COUCH, JJ., and MORTON, JAMES C., Jr., THOMPSON, C. AWDRY and WEANT, EDWARD O., Jr., Specially Assigned, Judges.

SMITH, Judge.

Once again we are involved in the unpleasant task of disciplining Maryland lawyers.

Bar Counsel, acting on behalf of the Attorney Grievance Commission, filed petitions with us seeking disciplinary action against Allen B. Spector and Maurice Roche Wyatt upon the basis of their convictions of bribery. They already stand suspended from the practice of law in this State until the further order of this Court. An order to that effect was entered pursuant to Maryland Rule BV16 subsequent to their convictions in the trial court. The facts are recounted in Spector v. State, 289 Md. 407, 425 A.2d 197, cert. denied, 452 U.S. 906, 101 S.Ct. 3032, 69 L.Ed.2d 407 (1981).

Pursuant to Rule BV9, we designated the Honorable Walter R. Haile of the Circuit Court for Baltimore County to hear the charges. He has filed with us identical findings of fact and conclusions of law in each case. These findings state in relevant part:

"FINDINGS OF FACT

"It was proved conclusively by clear and convincing evidence that the Respondent committed the crimes of bribery in violation of Article 27, Section 23, Annotated Code of Maryland and was convicted thereof within the meaning of Rule BV 10 e. There is clear and convincing evidence that the convictions are final. It is a proven fact that in the proceedings in the Criminal Court of Baltimore, the trial judge found, beyond a reasonable doubt, that in each of the three cases against the Respondent the monies which passed from Judge Spector through Mr. Wyatt to Mr. Noren were made pursuant to a corrupt agreement or agreements and constituted briberies offered and accepted. Spector and State, Supra, at page 416. The Court of Appeals found there was ample evidence in the record to sustain each and every finding of fact made by the trial judge. The judgments of conviction were affirmed.

"CONCLUSIONS OF LAW

"The Respondent, through counsel, argued from facts proven at the criminal trial, that he was not convicted of a crime of moral turpitude because a conviction of bribery does not necessarily mean there is moral turpitude, if all he did was to offer illegal gratuities as in the case of Attorney Grievance Commission v. Brewster, 280 Md. 473 (374 A.2d 602).

"The Respondent contends that the State did not prove at the criminal trial the existence of a specific quid pro quo from Noren to Spector and Wyatt in return for the three checks and that without an explicit quid pro quo, no moral turpitude is involved. Counsel for Petitioner replied that all of the facts at the criminal trial clearly permit the inference of a corrupt intent, in that the sums in question were paid by Spector and Wyatt to Noren to influence him in the performance of his duties as an Assistant Attorney General of Maryland, and that the money was received by Noren with the same intent. As the trial judge found, beyond a reasonable doubt, it is a fact that the monies which passed from Judge Spector through Mr. Wyatt to Mr. Noren were made pursuant to a corrupt agreement or agreements and constituted briberies offered and accepted, as charged, in violation of Section 23 of Article 27 of the Code which provides in pertinent part:

'If any person shall bribe or attempt to bribe ... any officer or employee of the State ... in order to influence any such officer or person in the performance of any of his official duties; and if ... any officer or any employee of the State shall demand or receive any bribe ... for the purpose of influencing him in the performance of his official duties, or for neglecting or failing to perform the same, every such person so bribing or attempting to bribe any of such officers or persons, and every such person so demanding or receiving any bribe ... shall be deemed guilty of bribery ....'

"The bribery thus defined imports the notion of some specific quid pro quo for which the money is offered or accepted. The finding of the trial judge imports the notion of a specific quid pro quo."

No exceptions have been filed by Spector. Wyatt, on the other hand, excepts to the findings of fact "that it was proved conclusively that he committed the crimes of bribery" and that "monies which allegedly passed from Allen Spector through (him) to Donald Noren were made pursuant to a corrupt agreement or agreements and constituted briberies offered and accepted." Wyatt likewise has excepted to the conclusions of law, asserting that no corrupt agreement "has been proved in the proceedings herein" and that "there was no quid pro quo which existed or which was found herein; nor does the record support any such finding or conclusion."

In Spector we said:

"We agree with the Fifth Circuit in (United States v. L'Hoste, 609 F.2d 796 (5th Cir.), cert. denied, 449 U.S. 833, 101 S.Ct. 104, 66 L.Ed.2d 39 (1980),) that what is required under our statute, as in Louisiana, is to show the payment involved, 'not as a quid pro quo for specific action, but with the intent to influence the conduct of the public servant in relation to his position, employment, or duty (,) ... (an) inquiry (which) is a broader one than the inquiry presented by the West...