Attorney Grievance Commission v. Marcalus

996 A.2d 350, 414 Md. 501, 2010 Md. LEXIS 198
CourtCourt of Appeals of Maryland
DecidedMay 18, 2010
DocketMisc. Docket AG No. 2, Sept. Term, 2009
StatusPublished
Cited by17 cases

This text of 996 A.2d 350 (Attorney Grievance Commission v. Marcalus) 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. Marcalus, 996 A.2d 350, 414 Md. 501, 2010 Md. LEXIS 198 (Md. 2010).

Opinions

ADKINS, Judge.

The Attorney Grievance Commission of Maryland (“AGC”), acting through Bar Counsel, petitioned this Court for disbarment of Respondent, attorney Jeffrey S. Marcalus. The AGC alleged that Marcalus had violated Rules 8.4(b), 8.4(c), and 8.4(d) of the Maryland Rules of Professional Conduct.1 The Circuit Court for Anne Arundel County concluded that Marcalus had violated Rules 8.4(b) and 8.4(d). We agree with the Circuit Court, but find that Marcalus’s actions do not warrant disbarment. We will instead suspend Marcalus from the practice of law in Maryland for sixty days, with the suspension commencing thirty days after the filing of this opinion.

FACTS AND LEGAL PROCEEDINGS

Sitting as a hearing examiner, the Circuit Court for Anne Arundel County made the following findings of fact, among others, by clear and convincing evidence:2

[507]*5071. William Johns is an investigator with the Annapolis Police Department....
2. On January 29, 2008, Investigator Johns was investigating allegations made by [a woman, who for privacy reasons will be referred to as “Michelle”] that Larry Berlin forcibly raped her in the office building at 1612 McGuckian Street. Sergeant Dave Garcia, a member of the [Annapolis Police Department], assisted in the investigation. Mr. Berlin and Mr. Marcalus, who was representing Mr. Berlin, met with the officers at the police station.
3. During the January 29, 2008 meeting, Mr. Marcalus and Mr. Berlin learned that [Michelle] was Mr. Berlin’s accuser. Following the meeting, Mr. Marcalus terminated his representation of Mr. Berlin because he was personally acquainted with the putative victim.
4. On January 30, 2008, Mr. Marcalus called Sergeant Garcia and asked if he could meet with both Sergeant Garcia and Investigator Johns [“the Officers”]. [The Officers] agreed to the meeting and Mr. Marcalus appeared at the station at approximately 11:00 [A.M.], No one else was present at this meeting and only [the Officers] heard what Mr. Marcalus said. Mr. Marcalus told the Officers that he no longer represented Mr. Berlin and was there, not as an attorney, but to disclose personal information about Mr. Berlin’s accuser.
5. During the meeting, Mr. Marcalus told the Officers that he used to have an office at 1612 McGuckian Street, before [Michelle] started working there, and that he was familiar with [Michelle’s] friend, Denise, who worked in that building. He also said that Denise told him [other information about Michelle’s lifestyle and personal habits]. According to Investigator Johns, Mr. Marcalus stated that he had sexual relations with [Michelle] multiple times.
6. Mr. Marcalus also disclosed that during this period of time he was taking prescription pain medication, which he identified as Vicodin, for an injury. Sergeant Garcia knew that the medicine was a pain killer and recalled that Mr. [508]*508Marcalus admitted to giving Denise some of his prescription Vicodin.
7. Mr. Marcalus stated that sometime after he had moved his office from 1612 McGuckin Street, he called Chesapeake Cartridge, Mr. Berlin’s business located at [that address]. Investigator Johns recalled that Mr. Marcalus stated that the call occurred several weeks before their meeting on January 30, 2009. Mr. Marcalus spoke to [Michelle], Mr. Berlin’s employee, about obtaining some toner cartridge refills. [Michelle] told Mr. Marcalus that she would have to check with Mr. Berlin about the request. Approximately 10 minutes later, [Michelle] returned [Marealus’s] call but asked if he could provide her with Vicodin. Mr. Marcalus responded to this request by asking her “what was in it for him?” [Michelle] responded that she would perform fellatio. Mr. Marcalus told the Officers that after this conversation, he met with [Michelle] in the downstairs women’s bathroom at 1612 McGuckian Street, she performed fellatio, and he gave [Michelle] the Vicodin.3 After this incident, Mr. Marealus had additional sexual relations with [Michelle on future occasions].
8. Mr. Marcalus did not tell Sergeant Garcia that he and [Michelle] were flirting during the conversation or that she was his girlfriend. The fact that Mr. Marcalus had flirted with the woman who alleged that Mr. Berlin had raped her would probably bear no importance on the investigation. Sergeant Garcia concluded from these statements that [Marealus’s] first sexual contact with [Michelle] was the oral sex in exchange for Vicodin and that the rest of the sexual conduct occurred after the telephone conversation. Investigator Johns testified that Mr. Marcalus did not indicate whether he had sexual contact with [Michelle] before the conversation about the Vicodin and oral sex.
9. Sergeant Garcia found Mr. Marcalus to be credible and found the information to be helpful in the investigation. It [509]*509was Sergeant Garcia’s opinion that this information damaged the accuser’s credibility. Investigator Johns considered the information to be important to the investigation because it went to the accuser’s lifestyle, activities, and “believability.” He also considered the fact that the accuser had exchanged sexual acts for drugs to be important to his investigation. Investigator Johns wrote a report following the investigation, which included the fact that Mr. Marcalus had received oral sex from [Michelle] in exchange for Vicodin.
10. No one brought charges against Mr. Berlin. Investigator Johns and Sergeant Garcia each prepared a report about the meeting. Sergeant Garcia prepared his report approximately 45 minutes after the January 30th meeting with Mr. Marcalus, which accurately reflected his recollection of the conversation. He gave that report to his supervisor. [Johns’s report], also prepared January 30, 2008, specifically dealt with his conversation with Mr. Marcalus. On February 8, 2008, Investigator Johns provided copies of the reports about [the Officers’s] conversation with Mr. Marcalus to [the AGC].
11. On March 5, 2008, [the AGC] sent Mr. Marcalus a copy of [the Officers’ reports] and a letter notifying him that Bar Counsel had docketed a complaint against him and was requesting a written response. On March 12, 2008, in response to the March 5th letter, [the AGC] received a letter dated March 11, 2008 from Mr. Marcalus. Mr. Marcalus stated that [the reports] were generally accurate representations of what took place on January 30, 2008. He noted, however, that there were some inconsistencies and inaccuracies, to be addressed in his response.
12. In his response, Mr. Marcalus [admitted only] “... two instances of sexual contact” [with Michelle]. Mr. Marcalus addressed no other inaccuracies in the reports. Nor did he deny his statements to the Officers that he had given Denise Vicodin [and had also given Michelle] Vicodin in exchange for oral sex. Mr. Marcalus stated that he was “very happy that [he] decided to come forward with the information [he] [510]*510had about [Michelle] to the police department. [He] believe[s] that the information [he] provided to them was helpful in preventing a gross injustice from happening to [his] client.”
13.

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Attorney Grievance Commission v. Marcalus
996 A.2d 350 (Court of Appeals of Maryland, 2010)

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Bluebook (online)
996 A.2d 350, 414 Md. 501, 2010 Md. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-marcalus-md-2010.