Attorney Grievance v. Thompson, Misc. Subtitle AG No. 16
Citation | 367 Md. 315,786 A.2d 763 |
Decision Date | 17 December 2001 |
Docket Number | Misc. Subtitle AG No. 16 |
Parties | ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Gary E. THOMPSON. |
Court | Court of Appeals of Maryland |
Melvin Hirshman, Bar Counsel and James P. Botluk, Asst. Bar Counsel for the Attorney Grievance Commission of Maryland.
No argument on behalf of the Respondent.
Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, KARWACKI, ROBERT L. (Ret., specially assigned), JJ.
Pursuant to Maryland Rule 16-709(a) 1, Bar Counsel, on behalf of the Attorney Grievance Commission (Petitioner) and at the direction of the Review Board, filed with this Court a petition for disciplinary action against Gary E. Thompson, Esquire (Respondent). In the petition, Bar Counsel alleged violations only2 of Rules 8.4(b) and (c) of the Maryland Rules of Professional Conduct (MRPC)3. This Court referred the matter to a judge of the Circuit Court for Montgomery County to conduct an evidentiary hearing and make findings of fact and conclusions of law in accordance with Maryland Rules 16-709(b)4 and 16-711(a)5. After an evidentiary hearing, the hearing judge was unable to find by clear and convincing evidence that Respondent violated MRPC 8.4(b) or (c). Petitioner filed with this Court exceptions to the findings of fact and conclusions of law, and a recommendation for sanction. Respondent filed a brief reply to Petitioner's exceptions.
From the evidentiary record made below, the hearing judge made the following findings of fact:
Respondent is a 47-year old male who is married and has two sons. He was admitted to the Maryland bar in November 1978 and has practiced law exclusively in the state of Maryland for over 21 years. Respondent's law practice consists primarily of estates and trusts, business law and elder law. He also devotes a substantial amount of time to pro bono representation of the elderly.
On March 24, 1998, Bar Counsel filed a Complaint with Petitioner against Respondent based upon a charge brought against the Respondent on February 1, 1998 in the District Court of Maryland [sitting in] Montgomery County. On August 27, 1998, Respondent pled guilty to the offense of stalking, in violation of section 32-20 of the Montgomery County Code, which provides in pertinent part:
...
In August 1999, Respondent entered into a "Monitor's Contract" with Robert H. Metz, a prominent member of the Maryland Bar who agreed to monitor Respondent's activities as a practicing lawyer. Pursuant to the contract, Respondent agrees to limit his practice to estates and trusts, business law, elder law, real estate and other similar legal practice areas not involving issues pertaining to or involving contact with minor children. Mr. Metz agrees to act as Respondent's monitor conferring monthly with both Respondent and Dr. Berlin to confirm that Respondent is maintaining his treatment as well as adhering to all other protective stipulations in the contract.
4 This condition involves a sexual attraction to pubescent boys. The condition does not limit the Respondent's sexual attraction only to pubescent boys and his testimony reveals that he also has a sexual attraction to his wife.
Based on these findings of fact, the hearing judge concluded that Respondent had not violated MRPC 8.4(b) or (c). Under his interpretation of the requirements for a MRPC 8.4(b) violation, and relying in part on our decision in Attorney Griev. Comm'n v. Post, 350 Md. 85, 710 A.2d 935 (1998), the hearing judge concluded that Respondent's conduct did not "evince a character trait relevant or critical to the practice of law" and, therefore, did not "reflect[ ] adversely on his fitness as a lawyer." He also determined Respondent's conduct had not violated MRPC 8.4(c), as he found no evidence in the record suggesting Respondent "engaged in any conduct involving dishonesty, fraud, deceit or misrepresentation."
Petitioner filed with this Court exceptions challenging the hearing judge's conclusion that Respondent had not violated MRPC 8.4(b)6,7, and recommended a sanction of indefinite suspension from the practice of law. Respondent, in proper person, filed a reply to Petitioner's exceptions arguing fundamentally that the hearing judge's findings of fact "should serve as the basis for consideration of this matter." Respondent did not appear at oral argument.
Maryland Rule of Professional Conduct 8.4(b)—Misconduct.
It is professional misconduct for a lawyer to:
(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects.
The hearing judge, in his Conclusions of Law, opined that Respondent's misconduct in this case did not reflect "adversely on his fitness as a lawyer" and, therefore, did not violate MRPC 8.4(b). Petitioner excepts to this and maintains the hearing judge "erred" in concluding "Respondent's stalking of [a] teenage boy was not conduct adversely reflecting on his fitness as an attorney." Petitioner contends that "[w]here a lawyer's misconduct involves sexual misconduct with children, that misconduct reflects adversely on the lawyer's fitness." Respondent, in his Reply, urges us to adopt the reasoning of the hearing judge.8
671 A.2d at 474 . After thoroughly reviewing the record and discovered case law, we sustain Petitioner's exceptions and overrule the hearing judge's conclusion that Respondent's conviction of the crime of stalking, under section 32-20 of the Montgomery County Code, resulting from his actions involving a thirteen year old boy, does not reflect adversely on his trustworthiness and fitness as a lawyer in other respects.
To continue reading
Request your trial-
Romero v. Perez
...216, 221 (3d Cir. 2003), and is consistent with Maryland's public policy of protecting children, see Attorney Grievance Com'n v. Thompson , 367 Md. 315, 325-26, 786 A.2d 763 (2001) (noting that "it is well established" that Maryland statutory and common law are designed "to protect and prom......
-
Attorney Grievance v. Smith, 27 September Term, 2007.
...of law, `our consideration is essentially de novo.'" Dunietz, 368 Md. at 428, 795 A.2d at 711 (quoting Attorney Grievance Comm'n v. Thompson, 367 Md. 315, 322, 786 A.2d 763, 768 (2001) (quoting Attorney Grievance Comm'n v.Briscoe, 357 Md. 554, 562, 745 A.2d 1037, 1041 Seiden, 373 Md. at 414......
-
Attorney Grievance Comm'n of Md. v. Smith-Scott
...honesty, trustworthiness, or fitness as a lawyer in other respects." Id. at 729–30, 93 A.3d 262 (quoting Attorney Grievance Comm'n v. Thompson , 367 Md. 315, 324, 786 A.2d 763 (2001) (internal quotation marks omitted)). Rule 8.4(c) encompasses a "broad universe of mis-behavior." Attorney Gr......
-
Attorney Grievance v. Whitehead
...this Court has determined to be a mitigating factor, entitled to some weight with regard to sanction. Attorney Grievance Comm'n v. Thompson, 367 Md. 315, 330, 786 A.2d 763, 772-73 (2001); Attorney Grievance Comm'n v. Jaseb, 364 Md. 464, 481-82, 773 A.2d 516, 526 (2001); Attorney Grievance C......