Attorney Grievance Commission v. Mitchell

521 A.2d 746, 308 Md. 653, 1987 Md. LEXIS 193

• Court: Court of Appeals of Maryland
• Decided: March 4, 1987
• Docket: Misc. (Subtitle BV) No. 30, September Term, 1985
• Status: Published

Opinions

MURPHY, Chief Judge.

The Attorney Grievance Commission, acting through Bar Counsel, filed a petition for disciplinary action against William Ronald Mitchell, alleging violations of the disciplinary rules of the Code of Professional Responsibility. We referred the matter, pursuant to Maryland Rule BV9 b, to Judge Leonard S. Jacobson of the Circuit Court for Baltimore County to make findings of fact and conclusions of law.

After conducting an evidentiary hearing, Judge Jacobson found that the Respondent had been convicted on August 27, 1985 of violating Maryland Code (1982 Repl. Vol.), Article 27, § 464A — the felony of second degree sexual offense — for which he received a suspended ten-year sentence and a five-year probationary period. According to the agreed statement of facts at the criminal trial, the Respondent, on June 1, 1983, performed a sexual act (fellatio) upon a thirteen-year-old boy, and that on four other occasions between June 1, 1983 and January 31, 1985 he engaged in like acts with the same juvenile.

At the disciplinary hearing, evidence was adduced that Respondent was a compulsive homosexual pedophiliac, that this was a psychiatric disorder for which the Respondent had undergone extensive treatment, but that his behavior in this regard was impulsive and beyond his power to control. Judge Jacobson found from the testimony that Respondent suffered from “ ‘manic depressive reaction disorder and compulsive homosexual pedophilia.’ ” He concluded that under Maryland Rule BV10 e the Respondent’s conviction of second degree sexual offense was conclusive proof of his guilt, that the offense was a felony which involved moral turpitude, and that Respondent had violated DR 1-102(A)(1) and (3).¹

Respondent took no exception to Judge Jacobson’s findings. He urged that we place him on inactive status as authorized by Maryland Rule BV11 b 4. Bar Counsel, while acknowledging that the Respondent’s criminal behavior was causally related to his psychiatric disorder, recommends an indefinite suspension as the appropriate sanction to protect the public, to maintain the integrity of the Bar, and to demonstrate the intolerable nature of the Respondent’s misconduct. Bar Counsel points out that Respondent’s criminal conduct involved moral turpitude, that there is no evidence that the Respondent’s disease is in remission, and that the circumstances are such as to render Respondent unfit for the practice of law.

Considering all the circumstances of the case, we agree with Bar Counsel’s recommendation and shall forthwith indefinitely suspend the Respondent from the practice of law. See Attorney Griev. Comm’n v. Flynn, 283 Md. 41, 387 A.2d 775 (1978).

IT IS SO ORDERED; RESPONDENT SHALL PAY ALL COSTS AS TAXED BY THE CLERK OF THIS COURT, INCLUDING THE COSTS OF ALL TRANSCRIPTS, PURSUANT TO MARYLAND RULE BV15 c FOR WHICH SUM JUDGMENT IS ENTERED IN FAVOR OF THE ATTORNEY GRIEVANCE COMMISSION AGAINST WILLIAM RONALD MITCHELL.

COLE, J., dissents with opinion. McAULIFFE, J., concurs with COLE, J.

1 . DR 1-102(A)(1) and (3) provide:

“DR 1-102 Misconduct.

(A) A lawyer shall not:

(1) Violate a Disciplinary Rule.

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(3) Engage in illegal conduct involving moral turpitude.”