Attorney Grievance Comm'n v. Hamilton

CourtCourt of Appeals of Maryland
DecidedJanuary 27, 2026
Docket32ag/24
StatusPublished

This text of Attorney Grievance Comm'n v. Hamilton (Attorney Grievance Comm'n v. Hamilton) 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 Comm'n v. Hamilton, (Md. 2026).

Opinion

Attorney Grievance Commission of Maryland v. Judith Marie Hamilton, AG No. 32, September Term, 2024. Opinion by Killough, J.

ATTORNEY MISCONDUCT – DISCIPLINE – DISBARMENT – Respondent Judith Marie Hamilton violated Maryland Attorneys’ Rules of Professional Conduct 19-301.1 (Competence), 19-301.3 (Diligence), 19-301.4 (Communication), 19-301.5(a) (Fees), 19- 301.15(c) (Safekeeping of property), 19-301.16(d) (Declining or terminating representation), 19-308.1(b) (Bar admission and disciplinary matters), and 19-308.4(a) and (d) (Misconduct). These violations arose from Respondent’s representation of a client in his divorce proceedings and from Respondent’s lack of cooperation in Bar Counsel’s subsequent investigation into her conduct.

The Supreme Court of Maryland ordered that Respondent be disbarred. Circuit Court for Baltimore County Case No.: C-03-CV-25-000067 Argued: Oral Argument waived

IN THE SUPREME COURT

OF MARYLAND

AG No. 32

September Term, 2024

______________________________________

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND

v.

JUDITH MARIE HAMILTON

Fader, C.J., Watts, Booth, Biran, Gould, Eaves, Killough,

JJ. ______________________________________

Opinion by Killough, J. Pursuant to the Maryland Uniform Electronic Legal ______________________________________ Materials Act (§§ 10-1601 et seq. of the State Government Article) this document is authentic. Filed: January 27, 2026 2026.01.27 '00'05- 16:15:12 Gregory Hilton, Clerk This matter arises from Respondent Judith Marie Hamilton’s misconduct in her

representation of Brian Foster during his divorce proceedings and from her lack of

cooperation with Bar Counsel’s resulting investigation. On December 17, 2024, the

Attorney Grievance Commission of Maryland (“Commission”), acting through Bar

Counsel (hereinafter referred to as “Petitioner”), filed a Petition for Disciplinary or

Remedial Action against Respondent in the Supreme Court of Maryland. Petitioner alleged

that Respondent violated Maryland Attorneys’ Rules of Professional Conduct (“MARPC”)

19-301.1 (Competence), 19-301.3 (Diligence), 19-301.4 (Communication), 19-301.5(a)

(Fees), 19-301.15(c) (Safekeeping of property), 19-301.16(d) (Declining or terminating

representation), 19-308.1(b) (Bar admission and disciplinary matters), and 19-308.4(a) and

(d) (Misconduct).1 On January 3, 2025, the Supreme Court of Maryland referred this

matter to the Honorable Garret P. Glennon, Jr. (“Hearing Judge”) of the Circuit Court for

Baltimore County to make findings of fact and conclusions of law.

Pursuant to the Order for Alternative Service dated February 25, 2025, and the Order

dated April 1, 2025, Petitioner served the Petition on Respondent via mail, certified mail,

and email on April 2, 2025. Respondent failed to answer within the required time. On

April 28, 2025, the circuit court entered an Order of Default. Respondent did not move to

vacate the Order of Default. On June 25, 2025, Petitioner moved for default judgment and

sanctions. On June 30, 2025, the circuit court held a hearing in this matter at which

1 In this opinion, for ease of reference, we use the numbering format of the American Bar Association Model Rules – e.g., Rule 1.1, in lieu of Rule 19-301.1. See Md. Rule 19- 300.1(22). Respondent did not appear. On July 3, 2025, the court granted the default judgment against

Respondent. On July 14, 2025, a hearing was held in this matter before the Hearing Judge

at which Respondent did not appear. During the hearing, the court granted Petitioner’s

motion to admit the averments in the Petition for Disciplinary or Remedial Action. On

August 28, 2025, the Hearing Judge issued findings of fact and conclusions of law.

The Hearing Judge found, by clear and convincing evidence, that Respondent

violated the following Maryland Attorneys’ Rules of Professional Conduct: 1.1, 1.3, 1.4,

1.5(a), 1.15(c), 1.16(d), 8.1(b), and 8.4(a) and (d). The Hearing Judge also found the

presence of six aggravating factors and no mitigating factors. No exceptions were filed,

and Petitioner recommends that Respondent be disbarred.

On October 15, 2025, the Clerk’s Office of the Supreme Court of Maryland sent to

Respondent and Petitioner a notice advising the parties that oral argument in this matter

was scheduled for November 3, 2025, that Respondent was to notify the Clerk’s Office no

later than October 20, 2025, whether she intended to appear for oral argument, and that, if

Respondent did not send in a notice of intention to appear, she would be deemed to have

waived oral argument. The notice further provided that, in the event Respondent

affirmatively waived oral argument or was deemed to have waived oral argument, Bar

Counsel was to notify the Clerk’s Office by October 21, 2025, whether Petitioner also

waived oral argument. Respondent did not send in a notice of intention to appear, and on

October 21, 2025, Petitioner sent a letter to the Clerk’s Office advising that its position was

that Respondent waived oral argument by not providing notice and that Bar Counsel would

appear for oral argument unless otherwise directed by this Court. On October 24, 2025,

2 the Clerk’s Office sent a letter to the parties advising that Respondent was deemed to have

waived oral argument and that the matter was removed from the November 3, 2025, oral

argument schedule. As such, no oral argument was held in this matter.

In this case, Respondent wholly failed to participate in the disciplinary process. She

did not respond to the Petition, did not file exceptions to the Hearing Judge’s findings and

conclusions, did not submit opposition memoranda to this Court, and waived oral

argument. Where, as here, no exceptions are filed, this Court may accept the hearing

judge’s factual findings as established. Md. Rule 19-740(b)(2)(A). We exercise that

discretion in this case. Accordingly, we treat as established the following facts, which the

Hearing Judge found to have been proved by clear and convincing evidence.

I.

HEARING JUDGE’S FINDINGS OF FACT

We summarize below the Hearing Judge’s findings of fact.

Respondent was admitted to the Maryland Bar on December 12, 1995. During the

period relevant to this matter, Respondent maintained an office for the practice of law in

Baltimore County, Maryland.

3 A.

Brian Foster Divorce Proceedings

In April 2023, Brian Foster retained Respondent to represent him in divorce

proceedings. On April 26, Respondent endorsed and deposited a $3,000 check from Mr.

Foster into an account that was not her Interest on Lawyers’ Trust Account (“IOLTA”).2

On May 1, Respondent entered an appearance in Mr. Foster’s case and filed an

Answer to the Counter-Complaint for Absolute Divorce on his behalf in the Circuit Court

for Baltimore County. The court rejected Respondent’s entry of appearance for failure to

comply with Maryland Rule 20-203(c) but accepted the Answer. On June 5, Respondent

spoke with opposing counsel both before and after the initial scheduling conference.

However, from July 2023 until September 2023, Respondent never responded to opposing

counsel’s many attempts to contact her via telephone, email, and U.S. mail.

On August 29, opposing counsel filed a Motion to Extend the Deadline for

Discovery and to Compel Discovery from Mr. Foster. In her Motion, opposing counsel

mentioned how her attempts to secure Respondent’s consent to the Motion to Extend

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Bluebook (online)
Attorney Grievance Comm'n v. Hamilton, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-commn-v-hamilton-md-2026.