In re McMaster
Decision Date | 11 January 2017 |
Docket Number | Opinion No. 27697,Appellate Case No. 2016-001527 |
Citation | 795 S.E.2d 853,419 S.C. 37 |
Court | South Carolina Supreme Court |
Parties | In the MATTER OF Frank Barnwell MCMASTER, Respondent. |
Disciplinary Counsel Lesley M. Coggiola and Senior Assistant Disciplinary Counsel
Charlie Tex Davis, Jr., both of Columbia, for Office of Disciplinary Counsel.
Frank Barnwell McMaster, of West Columbia, pro se.
In this disciplinary matter, neither the Office of Disciplinary Counsel ("ODC") nor respondent take exception to the Commission on Lawyer Conduct Panel's ("Panel") recommendation that respondent be: suspended for thirty months retroactive to March 2014; required to pay the costs of the disciplinary proceedings; and required to comply with ongoing monitoring conditions. We agree respondent committed misconduct, and accept the Panel's recommendation.
In 2013, respondent was arrested and charged with driving under the influence ("DUI"), first offense; failure to give or giving improper signal; and hit and run involving property damage. He pleaded guilty to DUI and improper turn; the remaining charge was dismissed. Respondent paid a fine.
Approximately one year later, respondent was arrested and charged with use of a firearm while under the influence of alcohol or drugs; disorderly conduct; and damaging/tampering with a vehicle. He pleaded guilty to unlawful carrying of a pistol and again paid a fine. Shortly after his arrest for the second incident, this Court placed respondent on interim suspension. See In re McMaster , 407 S.C. 213, 755 S.E.2d 107 (2014).
In November 2015, respondent and the ODC entered into a stipulation of facts, followed by the filing of formal charges on February 1, 2016. The formal charges assert respondent committed misconduct as defined in Rule 7(a), RLDE, and Rule 413, SCACR, by violating: (1) Rule 8.4(b) of the Rules of Professional Conduct, Rule 407, SCACR, in that he committed criminal acts that reflect adversely on his honesty, trustworthiness, or fitness as a lawyer; and (2) any other rule the Panel or Court might deem violated by respondent's conduct. The stipulation of facts provides:
In April 2016, the Panel conducted an evidentiary hearing where respondent pledged his continued commitment to sobriety, rehabilitation, and the profession. The Panel's report noted aggravating and mitigating factors it considered, and recommended sanctions for respondent. As to aggravating factors, the Panel noted respondent engaged in illegal conduct. As to mitigating factors, the Panel noted: the absence of a prior disciplinary record; respondent's "full and free disclosure and cooperative attitude" in the disciplinary proceedings; and respondent's depression and dependency on alcohol. The Panel then recommended respondent: (1) be suspended from the practice of law for a period of thirty months, retroactive to the commencement of his interim suspension—March 4, 2014; (2) pay the costs of the disciplinary proceedings;1 (3) complete the Legal Ethics and Practice Program Ethics School prior to reinstatement; (4) enter into another two year contract with Lawyers Helping Lawyers;2 (5) continue treatment with his psychiatrist for a period of two years;3 and (6) continue treatment with his medical provider for his depression and anxiety for a period of two years.4 Neither the ODC nor respondent take exception to the Panel's recommendations.
The decision to discipline an attorney is within the sound discretion of the Court. In re White , 391 S.C. 581, 587, 707 S.E.2d 411, 414 (2011) (citation omitted). This Court "may accept, reject, or modify in whole or in part the findings, conclusions[,] and recommendations of the Commission [on Lawyer Conduct]." Rule 27(e)(2), RLDE; Rule 413, SCACR. "Although this Court is not bound by the findings of the Panel and Committee, these findings are entitled to great weight, ..." In re Marshall , 331 S.C. 514, 519, 498 S.E.2d 869, 871 (1998) (citing In re Yarborough , 327 S.C. 161, 165, 488 S.E.2d 871, 873 (1997) ). "The ‘central purpose of the disciplinary process is to protect the public from unscrupulous and indifferent lawyers.’ " In re Brown , 361 S.C. 347, 355, 605 S.E.2d 509, 513 (2004) (per curiam) (quoting In re Hall , 333 S.C. 247, 251, 509 S.E.2d 266, 268 (1998) (per curiam)). "The primary...
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In re Petition for Disciplinary Action Against Ask
... ... 2017) ... (disciplining an attorney after a drunk driving incident in ... which the attorney's alcohol concentration was .254, ... noting that the attorney's "decision to drive while ... intoxicated posed a risk of significant harm to the ... public"); In re McMaster, 795 S.E.2d 853, ... 854-56 (S.C. 2017) (suspending an attorney for 30 months ... following convictions for driving under the influence and ... unlawful carrying of a pistol) ... In ... considering the issue of discipline in this case, the fact ... ...
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In re McMaster, Appellate Case No. 2017-001225
...petitioner from the practice of law for thirty months, retroactive to the date of his interim suspension.1 In the Matter of McMaster , 419 S.C. 37, 795 S.E.2d 853 (2017). Petitioner filed a petition for reinstatement pursuant to Rule 33 of the Rules for Lawyer Disciplinary Enforcement, cont......