Gorman, Matter of, 1275S359
| Decision Date | 29 August 1978 |
| Docket Number | No. 1275S359,1275S359 |
| Citation | 269 Ind. 236,379 N.E.2d 970 |
| Parties | In the Matter of James F. GORMAN. |
| Court | Indiana Supreme Court |
James F. Gorman, pro se.
Sheldon A. Breskow, Indianapolis, for appellee.
This proceeding is now before the Court on a single count complaint filed by the Disciplinary Commission of the Supreme Court pursuant to Admission and Discipline Rule 23, § 12. A Hearing Officer was appointed, this cause was heard, and the Hearing Officer has filed his findings of fact and conclusions of law. The Disciplinary Commission has petitioned this Court for review of the conclusions of law and has filed a brief in support of its petition.
In the complaint filed in this cause, the Respondent is charged with violating a disciplinary rule, engaging in illegal conduct involving moral turpitude, and engaging in conduct that adversely reflects on his fitness to practice law, in violation of disciplinary rules 1-102(A)(1), (3), and (6). The respondent is further charged with violating his oath as an attorney.
The charges of misconduct in this matter grow out of Respondent's conviction of a felony, i. e., Possession with Intent to Distribute, Distribution, and Conspiracy to Distribute Cocaine, a Schedule II controlled substance.
After examining all matters which have been submitted in this cause, this Court now finds that on or about January 28, 1975, Respondent knowingly and intentionally did unlawfully possess with intent to distribute and did distribute approximately one gram of cocaine, a Schedule II controlled substance. From about January 8, 1975, to and including January 30, 1975, Respondent willfully and knowingly did combine, conspire, confederate and agree with others to distribute cocaine, a controlled substance.
On February 5, 1975, Respondent was indicted by a federal grand jury and on May 30, 1975, Respondent was convicted in the U. S. District Court, Northern District of Indiana, South Bend Division, of possession with intent to distribute, distribution, and conspiracy to distribute cocaine, a Schedule II controlled substance in violation of Section 841(a)(1) Title 21, of the United States Code, constituting a felony. He was sentenced to serve a three year period of imprisonment and an additional special parole period of three years thereafter.
Throughout this proceeding, Respondent did not dispute the felony conviction or the facts giving rise to the conviction. He admits that he has committed an illegal act (malum prohibitum), but denies that he has done wrong (malum in se), arguing that the use of cocaine is neither addictive nor injurious to health. The Respondent thusly asserts that if he is to be disciplined it should be by reason of the illegality of the conduct and not by reason of a lack of moral fitness or turpitude.
The Respondent has been charged, as above noted, with engaging in conduct involving moral turpitude and engaging in conduct adversely reflecting on his fitness to practice law. The issue for determination in this cause is the measure of Respondent's conduct, viewed in toto, against his moral fitness to continue in the practice of law; the issue is not the nature of the drug involved in this case.
The definition of moral turpitude, as employed in a disciplinary proceeding, was set forth in Baker et al. v. Miller (1956), 236 Ind. 20, 24, 138 N.E.2d 145, 147.
In proceedings of this character moral turpitude has always been a controlling factor in the disciplinary action to be taken by the court where there has been a charge of misconduct by a member of the bar. The problem of defining moral turpitude is not without difficulty. There is certain conduct involving fraud, perjury, theft, embezzlement, and bribery where there is no question but that moral turpitude is involved. On the other hand, because the law does not always coincide exactly with principles of morality there are cases that are crimes that would not necessarily involve moral turpitude. Acts which normally at common law...
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Berk, In re, 90-542
...N.W.2d 622, 623-24 (1982) (helping a friend buy cocaine constitutes "aiding and abetting in criminal dealings"); In re Gorman, 269 Ind. 236, 237, 379 N.E.2d 970, 971-72 (1978) (possession with intent to distribute, distribution and conspiring to distribute one gram of cocaine); Florida Bar ......
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Chicone v. State
...in defining the crime of robbery), receded from on other grounds, Daniels v. State, 587 So.2d 460 (Fla.1991).10 See In re Gorman, 269 Ind. 236, 379 N.E.2d 970 (1978) (holding, in context of attorney discipline action, possession of drugs is crime involving moral turpitude); State v. Henning......
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Doherty, In re
...shirked his responsibility as an officer of the court and exemplified disrespect for the laws which govern our society"); In re Gorman, , 379 N.E.2d 970, 972 (1978) (attorney's drug conviction implicated his fitness to practice law because he "has attempted to place himself above the law an......
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Kinnear, Matter of
...violate the law. Other jurisdiction likewise have held that narcotics convictions justify disbarment, see, e.g., Matter of Gorman, 269 Ind. 236, 379 N.E.2d 970 (1978) (possession, conspiracy to distribute and distribution of cocaine); Louisiana State Bar Ass'n v. Bensabat, 378 So.2d 380 (La......