Attorney Grievance Commission v. Ruffin

798 A.2d 1139, 369 Md. 238, 2002 Md. LEXIS 247
CourtCourt of Appeals of Maryland
DecidedMay 16, 2002
Docket15, Sept. Term, 2001
StatusPublished
Cited by13 cases

This text of 798 A.2d 1139 (Attorney Grievance Commission v. Ruffin) 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. Ruffin, 798 A.2d 1139, 369 Md. 238, 2002 Md. LEXIS 247 (Md. 2002).

Opinion

BELL, Chief Judge.

This is a reciprocal discipline action arising out of disciplinary proceedings initiated in Arizona, where Victoria G. Ruffin, the respondent, a member of that bar, exclusively practiced law. The Arizona Disciplinary Commission having concluded in those proceedings that she violated certain of the Arizona Rules pertaining to professional conduct, as prescribed in Rule 42 of the Rules of the Supreme Court of Arizona, “particularly ER 1.1 (competence), ER 3.1 (meritorious claims and contentions), ER 4.4 (respect for rights of third persons), ER 8.4(d) (misconduct prejudicial to the administration of justice), and Rule 51(e) (willful violation of a rule), (h) (failure to furnish information), (i) (refusal to cooperate) and (k) (willful violation of a court order),” the respondent was suspended from the practice of law in that State. Bar Counsel, acting at the *241 direction of the Review Board, see Maryland Rule 16-709-a, 1 and premised on the acts and omissions of the respondent that were determined by the Arizona disciplinary proceedings to constitute misconduct, charged the respondent with engaging in misconduct as defined in Maryland Rule 16-701.k 2 specifically, with violating the Maryland counterparts of the Arizona Rules she was found to have violated, see Maryland Rules of Professional Conduct, Maryland Rule 16-812. 3

*242 We referred the case to the Honorable Joseph P. Manck of the Circuit Court for Anne Arundel County to make findings of fact and draw conclusions of law. When, after reasonable efforts to do so, the respondent could not be personally served, service was made, pursuant to Maryland Rule 16-811.g, on the Treasurer of the Clients’ Security Trust Fund, who subsequently certified his compliance with the requirement that he mail the pleadings and the court order to the respondent’s last known address. Thereafter, an order of default having been entered against the respondent, who did not move to vacate it, the hearing court held a hearing at which only the petitioner appeared and participated. Following the hearing, the hearing court made findings of fact and drew conclusions of law, as follows:

“Findings of Fact

“1. The Respondent was admitted to the Bar of the Court of Appeals of Maryland on June 26,1985.

“2. On April 4, 1997, the Respondent was decertified for nonpayment of the annual assessment by the Clients’ Security Trust Fund of the Bar of Maryland (CSTF). According to a Memorandum dated November 29, 2001, from Sandra Gipe, *243 CSTF Membership Manager, the Respondent’s name should not have been included on a decertification list sent to the Court of Appeals. The Respondent had applied for inactive/retired status, and her status should have been changed effective July 1, 1996. Ms. Gipe’s Memorandum indicates CSTF has taken steps to correct the Respondent’s erroneous decertification by notifying the Court of Appeals.

“8. The Respondent was admitted to the State Bar of Atizona in October 1992. In May 1996, she was suspended from practicing law in Aizona for nonpayment of Bar dues.

“4. Pursuant to a Judgment and Order of the Supreme Court of Aizona dated May 30, 1999 ..., the Respondent was suspended from the practice of law in Aizona for a period of seven months, effective thirty (30) days from the date of the Judgment and Order, ‘for conduct in violation of her duties and obligations as a lawyer.’

“5. In a report prepared by the Disciplinary Commission of the Supreme Court of Aizona, appended to that Court’s Judgment and Order dated March 30, 1999, the Disciplinary Commission found that the respondent filed a frivolous motion to dismiss while representing a defendant in a civil case and that she failed to withdraw the motion when requested to do so by opposing counsel.

“6. The Respondent did not answer the disciplinary complaint filed in Aizona, and she did not otherwise appear- or participate in any stage of the Aizona disciplinary proceeding.

“7. The Disciplinary Commission in Aizona concluded that the Respondent’s conduct violated Rule 42 of the Rules of the Supreme Court of Aizona (Arizona Rules of Professional Conduct), ‘particularly ER 1.1 (competence), ER 3.1 (meritorious claims and contentions), ER 4.4 (respect for rights of third persons), ER 8.4(d) (misconduct prejudicial to the administration of justice),’ and that the Respondent further violated A-izona Supreme Court ‘Rule 51(e) (willful violation of a rule), (h) (failure to furnish information), (i) (refusal to cooperate) and (k) (willful violation of a court order).’

*244 “8. The Disciplinary Commission in Arizona cited several aggravating factors in its report to the Supreme Court of Arizona and observed that the Respondent ‘appears to have abandoned the practice of law.’

“9. The Supreme Court of Arizona, by its Judgment and Order dated March 30, 1999, adopted the findings and conclusions in the report of that Court’s Disciplinary Commission.

“10. The Respondent has not filed an application for reinstatement from her suspension in Arizona.

“Conclusions of Law

“1. The Respondent is an ‘attorney’ as defined in Maryland Rule 16-701a and she is subject to the disciplinary authority of this State pursuant to Maryland Rule of Professional Conduct 8.5(a) for any violation of the Maryland Rules of Professional Conduct ‘in this or any other jurisdiction.’

“2. Pursuant to Maryland Rule 16-710e, ‘[a] final adjudication in a disciplinary proceeding by a judicial tribunal or a disciplinary agency appointed by or acting at the direction of a judicial tribunal that an attorney has been guilty of misconduct is conclusive proof of the misconduct in the hearing of charges pursuant to this Rule.’

“3 This Court concludes that the Respondent violated the ... Maryland Rules of Professional Conduct [with which she was charged by Bar Counsel] corresponding to the violations found in the Arizona disciplinary proceeding....”

No exceptions have been filed to the findings of fact and conclusions of law either by the petitioner or the respondent, who did not appear in these proceedings. The petitioner has, however, filed its recommendation for sanction. It is that the respondent be indefinitely suspended from the practice of law. In support of the recommendation, the petitioner asserts:

“The Respondent remains suspended in Arizona. Bar Counsel has been unable to locate her in connection with this disciplinary proceeding. Since abandoning her Arizona practice, the Respondent has taken no steps to regain her eligibility to practice law, either in Arizona or in Maryland. *245 Under the circumstances, Petitioner recommends that the Respondent be indefinitely suspended.”

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Bluebook (online)
798 A.2d 1139, 369 Md. 238, 2002 Md. LEXIS 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commission-v-ruffin-md-2002.