Attorney Grievance Commission v. Holt

894 A.2d 602, 391 Md. 673, 2006 Md. LEXIS 121
CourtCourt of Appeals of Maryland
DecidedMarch 16, 2006
DocketMisc. Docket AG No. 12, Sept. Term, 2005
StatusPublished
Cited by9 cases

This text of 894 A.2d 602 (Attorney Grievance Commission v. Holt) 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. Holt, 894 A.2d 602, 391 Md. 673, 2006 Md. LEXIS 121 (Md. 2006).

Opinions

BELL, C.J.

The Attorney Grievance Commission of Maryland, the petitioner, acting pursuant to Maryland Rule 16-751,1 approved the filing by Bar Counsel of a Petition For Disciplinary or Remedial Action against Leslie B. Holt, the respondent. In [675]*675the petition, Bar Counsel charged that the respondent engaged in misconduct, as defined by Maryland Rules 16-701(i),2 and 16-812, and consisting of a violation of 8.4(b) and (d), Misconduct,3 of the Maryland Rules of Professional Conduct, as adopted by the latter Maryland Rule.

We referred the case to the Honorable James L. Ryan, of the Circuit Court for Montgomery County, for hearing pursuant to Rules 16-752(a)4 and 16-757(c).5 Following a hearing at which the respondent appeared by counsel and participated, the hearing court concluded that the respondent violated Rule [676]*6768.4(b) and (d). The former conclusion was based on the respondent’s commission of criminal acts, violation of Title 21, United States Code, § 844(a) (aiding and abetting) and Title 18, United States Code, § 2 (possession of a mixture and substance containing cocaine and cocaine base), reflecting adversely on his honesty, trustworthiness or fitness as a lawyer in other respects. The latter, that he engaged in conduct prejudicial to the administration of justice, was premised on the criminal conduct, taken in its totality.

These conclusions flowed from the facts found by the hearing court by clear and convincing evidence. The respondent, a member of both the Maryland and D.C. bars, was employed as an administrative law judge in the Social Security Administration in 2001 and, subsequently, in 2003, transferred to the United States Department of Agriculture, where he performed in the same capacity. While with the U.S. Social Security Administration, for more than a year, he resided in San Juan, Puerto Rico, where he was assigned to conduct administrative hearings. During that period, the respondent purchased and used cocaine, in addition, he admitted, to abusing alcohol.

With the respondent’s transfer, in September 2003, to the Department of Agriculture, his place of employment was changed to the District of Columbia and he resumed his Maryland residence. In January 2004, the respondent was given an assignment, to arbitrate administrative hearings, which required him to go to San Juan. Although the assignment lasted for three days, from January 6 to January 9, the respondent extended his stay to January 11, the last two days being devoted to personal pursuits. When he arrived in San Juan, the respondent hired an automobile and engaged a hotel room, both at Government expense and for official business.

On January 9, after his hearings had concluded, the respondent, driving the automobile rented for official purposes, traveled to the Vista Hermose Public Housing Project, “an area known to sell narcotics in the past,” for the purpose of purchasing narcotics and he did, in fact, make such purchase. [677]*677He then returned to his hotel room, where the cocaine he had purchased was consumed.

The respondent was arrested after his hotel room had been searched, pursuant to a search and seizure warrant, by agents of the Federal Bureau of Investigation (F.B.I.),6 and substances, later determined to be crack cocaine and cocaine, and various narcotics paraphernalia, had been recovered.7 He was indicted in the United States District Court for the District of Puerto Rico for possession of cocaine and for aiding and abetting another individual that participated in the crime with the respondent. Upon his plea of guilty to both counts, the respondent was sentenced to a period of three (3) years probation, supervised and, as required by the plea agreement, the respondent resigned his administrative law judge position. Pursuant to the terms of the probation the respondent was “subject to random urine drag tests under the coordination of the U.S. probation officer.” The supervision of the respondent was transferred to the United States District Court for the District of Maryland, Southern Division.

The hearing court in the present case found mitigating factors and circumstances. They are:

“[T]he Court finds that the Respondent has complied with all supervisory conditions imposed upon him by the United States Pretrial Services Agency, the United States Probation Office and the Maryland State Bar Association’s Law[678]*678yer’s Assistance Program. On February 2, 2004, the Respondent voluntarily entered into the Maryland State Bar Association’s Lawyer’s Assistance program. In addition to receiving counseling from a psychologist for his alcoholism, the Respondent has fully complied with the requirements of the Lawyer Assistant Program. Reports submitted by a consultative psychologist and the Lawyer’s Assistance Program reflect a successful period of recovery.
“As a condition of his pretrial release and the probation that was subsequently imposed in his federal criminal case, the Respondent was required to submit to periodic urinalysis. All administration of the drug test procedures produced a negative result indicating that he was not using controlled substances during his eighteen months of surveillance.
“On September 1, 2005, as a result of the Respondent’s performance while under the supervision of the federal probation authorities, the Honorable Alexander Williamfs], United States District Judge for the District of Maryland, issued an order granting an early termination of his probation.”

Neither the petitioner nor the respondent has excepted to the findings of fact or the conclusions of law made by the hearing court. They have sharply divergent views of the appropriate sanction, however. The petitioner urges an indefinite suspension as the sanction. The respondent believes that a reprimand is more fitting. Both rely on the cases of Attorney Griev. Comm’n v. Gilbert, 356 Md. 249, 739 A.2d 1 (1999) and Attorney Griev. Comm’n v. Black, 362 Md. 574, 766 A.2d 119 (2001).

In Gilbert, the respondent, who was found to have violated Rule 8.4(d) only and who had no prior disciplinary history, was ordered suspended from the practice of law for thirty days. In addressing the appropriate sanction, we were influenced, in addition to his lack of a prior disciplinary history, by the fact that,

“so far as the record reveals, and certainly the petitioner has not alleged otherwise, this misconduct was not directly [679]*679related to the practice of law. Furthermore, the respondent has made efforts to rehabilitate himself and to overcome his addiction.”

Id. at 256, 739 A.2d at 5. We ordered further: “Upon his reinstatement, the petitioner shall be monitored by Richard Vincent, the Director of the Lawyer Counseling Service of the Maryland State Bar Association, who will submit reports to Bar Counsel on a schedule to be determined by Bar Counsel, and the petitioner shall participate in such rehabilitative activities as Mr. Vincent shall prescribe.” Id. at 256-57, 739 A.2d at 5.

In Black,

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Attorney Grievance Commission v. Holt
894 A.2d 602 (Court of Appeals of Maryland, 2006)

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Bluebook (online)
894 A.2d 602, 391 Md. 673, 2006 Md. LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-holt-md-2006.