Attorney Grievance Commission v. Middleton

756 A.2d 565, 360 Md. 34, 2000 Md. LEXIS 453
CourtCourt of Appeals of Maryland
DecidedJuly 26, 2000
DocketMisc. Docket AG No. 31, Sept. Term, 1999
StatusPublished
Cited by11 cases

This text of 756 A.2d 565 (Attorney Grievance Commission v. Middleton) 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. Middleton, 756 A.2d 565, 360 Md. 34, 2000 Md. LEXIS 453 (Md. 2000).

Opinions

RODOWSKY, Judge.

The petitioner, Attorney Grievance Commission of Maryland, acting through Bar Counsel, filed a Petition for Disciplinary Action against the respondent, Michael G. Middleton (Middleton), alleging misconduct arising out of Middleton’s representation of the persons respectively accused in four separate criminal cases over a two-year period. Based on Middleton’s default, the hearing judge found that Middleton had committed all of the violations charged, the most serious of which, intentional misrepresentation to a court, is evidenced by a judgment of criminal contempt. Middleton, claiming lack of notice, seeks vacating of the default and an evidentiary hearing.

Middleton was admitted to the bar of this Court in June 1977. He entered practice as an attorney with the Legal Aid Bureau where he served until 1983, at which time he held the position of Deputy Director. From 1983 to 1988 he was an Assistant United States Attorney in the District of Maryland. Thereafter he entered private practice as a partner in a small firm which ultimately dissolved. In 1996, the year of the earliest of the instant charges, Middleton was employed by a very active criminal defense attorney. The remaining charges are based on acts or omissions occurring while Middleton was a sole practitioner.

When the Petition for Disciplinary Action was filed against Middleton, this Court referred the matter for hearing to [37]*37Judge Gary I. Strausberg of the Circuit Court for Baltimore City. Our order also directed Middleton to answer the petition within fifteen days after service. On September 22, 1999, an investigator for Bar Counsel personally served the petition and order on Middleton at 2407 Brohawn Avenue, Baltimore, Maryland 21230, where Middleton maintained his office and also his home. Middleton has never answered the petition.

On October 19, 1999, Bar Counsel moved for an order of default, using 2407 Brohawn Avenue as Middleton’s address in the certificate of service. An order of default was signed by Judge Strausberg and entered on October 21. It allowed Middleton thirty days from that date within which to move to vacate the order of default, and it set the matter for hearing on December 2, 1999. The clerk mailed a copy of the order of default to Middleton at 2407 Brohawn Avenue. Middleton did not move to vacate. The hearing was postponed to February 2, 2000. Middleton did not appear.

On the day of the hearing in this Court Middleton did appear. Orally and by a written motion, “To Reject Trial Court’s Findings of Fact and Recommendations and to Order a New Hearing,” Middleton represented to us that he did not receive the motion for, or order of, default. He stated that he was a tenant at 2407 Brohawn Avenue and that he was current in his rent, but that, unknown to him, his landlord’s mortgage had been foreclosed. He stated that he first learned of the foreclosure sometime in the fall of 1999 when he found on the sidewalk outside of 2407 Brohawn Avenue what scavengers had left of his office files and personal belongings after he had been evicted.

The parties agree that in the fall of 1999 Middleton moved to his mother’s home at 2625 North Hilton Street in Baltimore City. The record contains no indication, and Middleton makes no representation to us, that he notified the clerk of this Court, or of the Circuit Court for Baltimore City, or Judge Strausberg, or Bar Counsel, of his change of address. Nor does Middleton represent that he made arrangements with the [38]*38United States Postal Service to have his mail forwarded to his new address.

In his motion filed on the day of the hearing in this Court Middleton represented that he was without knowledge that the hearing on his default was scheduled for February 2, 2000. Bar Counsel, on the other hand, orally represented to this Court at the hearing that, through “independent efforts,” he learned that Middleton was living at 2625 North Hilton Street. Bar Counsel further represented that by a letter dated December 22, 1999, which was not returned by the Postal Service, he advised Middleton that this matter would be heard by Judge Strausberg on February 2, 2000. Additionally, Bar Counsel represented to us that, after having received a voice mail message from Middleton sometime in February, Bar Counsel mailed to Middleton at 2625 North Hilton Street, under cover of a letter dated February 24, 2000, a copy of Bar Counsel’s letter of December 22 and a copy of the findings and conclusions that had been filed on February 4, 2000, by Judge Strausberg with the clerk of the circuit court. For the reasons hereinafter stated, we do not believe that this factual dispute is material or that it is necessary for Bar Counsel to supplement the record with copies of his letters, as he offered to do at the hearing before us.

At the hearing on February 2 Judge Strausberg opened the proceedings by stating that “this matter was set sometime ago for 3:30 today” and that Middleton’s absence “is simply in conformity with what appears to be a pattern of behavior on his part.” At that hearing Bar Counsel introduced sixteen exhibits. Judge Strausberg’s findings and conclusions in substance repeated the allegations of the Petition for Disciplinary Action, inasmuch as those allegations were admitted by the default. See Curry v. Hillcrest Clinic, Inc., 337 Md. 412, 434, 653 A.2d 934, 945 (1995).

Judge Strausberg’s report reads, in pertinent part, as follows:

[39]*39“A. Respondent’s Representation of Edward Erler, Jr.

“In 1996, the Respondent was employed at the Law Offices of William H. Murphy, Jr. & Associates, P.A. While employed at that law firm, the Respondent was assigned to represent Edward P. Erler, Jr., who was charged with criminal assault and handgun violations in Baltimore County. Trial in the criminal case of State of Maryland v. Edward Erler, Jr., Case No. 96 CR 0161 in the Circuit Court for Baltimore County, was scheduled for and did commence on July 31, 1996. The Respondent was unprepared for that trial and failed to provide competent representation in defending Mr. Erler. Among other things, the Respondent failed to:

“a. Meet with and go over possible defense strategies with his client;
“b. Pursue a motion to suppress evidence that may have been illegally obtained;
“c. Present evidence in support of an intoxication defense that may have been available to his client;
“d. Prepare adequately to cross-examine the State’s witnesses;
“e. Prepare and submit voir dire;
“f. Prepare and request specific jury instructions applicable to the charges in the case; and
“g. Object to possibly improper jury instructions prejudicial to his client.

“At the conclusion of trial on August 2, 1996, a jury found Mr. Erler guilty of attempted voluntary manslaughter and use of a handgun in a crime of violence. On November 7, 1996, Mr. Erler was sentenced to incarceration for five years. Following an unsuccessful appeal, in which Mr. Erler was represented by the Public Defender’s Office, Mr. Erler, now represented by new private counsel, filed a Petition for Post-Conviction Relief in the Circuit Court for Baltimore County. After evidence was presented at a hearing on May 19, 1998, the State conceded that the Respon[40]

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Attorney Grievance Commission v. Middleton
756 A.2d 565 (Court of Appeals of Maryland, 2000)

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Bluebook (online)
756 A.2d 565, 360 Md. 34, 2000 Md. LEXIS 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-middleton-md-2000.