Attorney Grievance Commission v. Dee

511 A.2d 516, 306 Md. 799, 1986 Md. LEXIS 259
CourtCourt of Appeals of Maryland
DecidedJuly 15, 1986
DocketMisc. Docket (Subtitle BV) No. 33
StatusPublished
Cited by2 cases

This text of 511 A.2d 516 (Attorney Grievance Commission v. Dee) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Attorney Grievance Commission v. Dee, 511 A.2d 516, 306 Md. 799, 1986 Md. LEXIS 259 (Md. 1986).

Opinion

SMITH, Judge.

Bar Counsel, acting pursuant to the provisions of Maryland Rule BV9, filed a petition with this Court on behalf of the Attorney Grievance Commission seeking disciplinary action against Lynda Marie Dee, who was admitted to the Bar of this State on December 10, 1981. We shall dismiss the charges.

Bar Counsel alleged violation of Disciplinary Rules 1-101(A) and 1-102(A)(1), (3), (4), (5), and (6) in regard to [801]*801Respondent’s application for admission to the Maryland Bar.1

I

Pursuant to Rule BV9, the matter was referred to one of the judges of the Circuit Court for Baltimore City. He filed a comprehensive report with us in which he stated in part:

“The petitioner specifically contends that during ‘the period from the summer of 1979 to August 1981, the Respondent was involved in the purchase of controlled dangerous substances ... for her own use and for resale to others.’ The Petitioner further contends that the Respondent, in answering question no. 17 under part 2 of her application for registration as a candidate for admission to the Bar of Maryland, failed to disclose that involvement. Question no. 17 asks, ‘Are there any unfavorable incidents in your life, whether at school, college, law school, business or otherwise, which may have a bearing upon your character or fitness to practice law, not called for by the questions contained in this questionnaire or disclosed in your answers?’ The Respondent’s answer to that question was ‘no’. An evidentiary hearing was held on December 17, 1985 with the following findings of fact:
“FINDINGS OF FACT
“The Respondent, who presently resides at 2502 Eutaw Place, Apartment 7AA, in Baltimore City, is a 33 year old lawyer who was admitted to the Bar of Maryland on December 10, 1981. She presently maintains a law office at 1023 Cathedral Street, Baltimore, Maryland 21201. She received her Bachelor of Arts degree in history from the University of Baltimore in June, 1977 and was enrolled at the University of Baltimore Law School in December, 1977, and graduated therefrom in 1981. While Ms. Dee was a student, and subsequent thereto, she [802]*802worked as a waitress at the Harvey House, as an intern in the State’s Attorney’s Office, as an intern with the Federal Public Defender and as an employee in the Attorney General’s Office. On July 29, 1980, the Respondent filed her application for registration as a candidate for admission to the Bar of Maryland. She took the bar examination in 1981. After having received notice that she had passed the Maryland Bar examination and prior to her being formally admitted to the Maryland Bar, Ms. Dee was interviewed by the late W. Emerson Brown for the character committee. During that interview, she revealed to Mr. Brown the fact that she had been given probation before judgment relative to the charge of possession of heroin when she was approximately eighteen (18) years of age, and that the record of that charge had been expunged. She also submitted to Mr. Brown a written report from her psychiatrist who had treated her during her teenage years relative to her dependency upon illegal drugs. She revealed that she had been acquitted several years ago relative to a charge of false alarm. Her discussion with Mr. Brown during the interview was a rather extensive one. However, no question was asked or explanation given during that interview regarding the Respondent’s answer to question no. 17 of her application.
“As a teenager, the Respondent indulged in the use of heroin and was treated by a psychiatrist relative to her use of that substance. At the approximate age of eighteen (18), she was charged with the possession of heroin, entered a guilty plea, and was given probation before judgment. The probationary period was successfully completed and the records were subsequently expunged. She was not involved in drug activity or drug usage between 1970 and the summer of 1979. In 1979, she became somewhat despondent when she learned that Nicky Parks, with whom she had been romantically involved was ‘gay’. He indicated to her a need for his getting away. Thus, he spent the summer in Wash[803]*803ington, D.C. By the end of the summer, Parks was visiting her apartment, accompanied by several of his male friends who were also ‘gay’. They brought drugs with them and not only used the drugs, but insisted that the Respondent try them. Being upset over the entire situation, the Respondent, rather than dealing with it forthwith, attempted to run away from it, whereupon she again commenced using illegal drugs. She became friendly with those persons who had accompanied Nicky Parks, including Phil Lazarr, from whom the drug MDA (which was being used by the Respondent and Nicky) could be obtained. She would, therefore, from time to time, obtain the drug from Phil Lazarr for her own use and for the use of Nicky Parks, with whom she, at that time, still maintained some type of friendship. She also, during this period, occasionally used the drugs ameyl nitrate and ethyl chloride. In the meantime, the Respondent had been introduced to Enid Feinberg, who was also a user of drugs. Inasmuch as Ms. Feinberg had a car and the Respondent did not, an arrangement was made whereby Ms. Feinberg would drive the Respondent to Washington to get the drugs. As compensation for being driven to the source, the Respondent would get enough of the drug (MDA) to enable Enid Feinberg to have some for her own use.
[804]*804“In December, 1981, after Ms. Dee had been admitted to the Bar, she received a subpoena to testify before the Federal Grand Jury. In the meantime, Nicky Parks and Phil Lazarr had been arrested in August, 1981 in connection with their drug activities. Ms. Dee, upon learning of the arrest by way of a telephone call from Nicky Parks, notified Ralph Brown, a friend of Nicky who was also a friend of Ms. Feinberg. About one day after the arraignment of Nicky and Phil, Ms. Feinberg contacted Ms. Dee. During the course of the conversation, Ms. Feinberg stated that she had gone to Florida with Nicky and Phil to pick up approximately two (2) pounds of cocaine. She, thereupon, expressed fear as to what might happen, and also expressed concern relative to what and how much information. Nicky might reveal about their joint ventures, she having also been a seller of drugs.
“After Ms. Dee received her subpoena to testify before the Federal Grand Jury, she arranged, with the assistance of Gerald Kroop, Esquire, to cooperate with the Drug Enforcement Administration and the U.S. Attorney’s Office and was granted immunity from prosecution. She did in fact cooperate with the federal authorities. This included telephoning Enid Feinberg from the U.S. Attorney’s Office and meeting with Enid Feinberg with a concealed recording device which enabled the federal authorities to monitor the conversation.

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511 A.2d 516, 306 Md. 799, 1986 Md. LEXIS 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-dee-md-1986.