ATTORNEY GRIEVANCE COM'N OF MARYLAND v. Dechowitz

747 A.2d 657, 358 Md. 184, 2000 Md. LEXIS 102
CourtCourt of Appeals of Maryland
DecidedMarch 10, 2000
DocketMisc. (Subtitle AG) No. 18, Sept. Term, 1999
StatusPublished
Cited by21 cases

This text of 747 A.2d 657 (ATTORNEY GRIEVANCE COM'N OF MARYLAND v. Dechowitz) 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 COM'N OF MARYLAND v. Dechowitz, 747 A.2d 657, 358 Md. 184, 2000 Md. LEXIS 102 (Md. 2000).

Opinions

PER CURIAM.

The Attorney Grievance Commission of Maryland (the “Commission” or Petitioner), through Bar Counsel and pursuant to Maryland Rule 16-709,1 filed a Petition for Disciplinary Action against Cary David Dechowitz (Respondent) as a result of his conviction in the United States District Court for the Northern District of California of one count of possession with intent to distribute marijuana. The Commission asserted here that Respondent’s conviction, and the underlying conduct, placed him in violation of the Maryland Rules of Professional Conduct (RPC). See Maryland Rule 16-812. More specifically, Respondent was charged with violating RPC 8.4(b),(c), and (d).2

[187]*187We referred the matter to the Honorable Philip T. Caroom of the Circuit Court for Anne Arundel County to make findings of fact and conclusions of law pursuant to Maryland Rule 16-711(a).3 On 18 August 1999, the Commission and Respondent filed, with Judge Caroom, a Joint Motion For Adoption Of Proposed Findings Of Fact And Conclusions Of Law, asking him to adopt the referenced findings of fact and conclusions of law and to forward same to this Court for its consideration. Judge Caroom adopted the parties’ submission and, on 23 August 1999, filed the stipulated written Findings Of Fact And Conclusions Of Law, which provided as follows:

I. FINDINGS OF FACT

A. The Petitioner submitted the following documentary exhibits:

1. Judgment in Criminal Case 3:97CR00111-001, United States District Court for the Northern District of California and Information; 2. Transcript of Proceedings held June 6, 1997; 3. Letter dated March 4, 1997 containing the terms of the Respondent’s plea agreement and the Statement of Facts constituting the government’s case against Respondent; 4. Docket entries; 5. Pretrial minutes.
The Respondent was admitted to the Maryland Bar on December 29, 1976. He is also a member of the Bar of the District of Columbia and the State of California. During times relevant to this matter, the Respondent resided in San Francisco and practiced only in the State of California.
[188]*188On or about February 6, 1997, the Respondent was arrested while attempting to mail a parcel to an individual in Frederick, Maryland. The parcel contained approximately 8 ounces of marijuana. A search of his residence following his arrest resulted in the seizure of approximately 12 ounces of marijuana. Also seized were handwritten drug purchase and sales records that showed sales of marijuana and cocaine made by the Respondent between September 20,1996 and February 4,1997, with a total of 150 ounces of marijuana and 62.3 grams of cocaine. These records also showed that at least 74 ounces of marijuana and 15 grams of cocaine were sold to individuals in Maryland during that period.
On or about June 6, 1997, the Respondent entered a plea of guilty in the United States District Court for the Northern District of California to one count of violating Title 21 U.S.Code Section 841, possession with intent to distribute marijuana. The Respondent was sentenced to a period of 12 months incarceration, to be served in a half-way house. The sentence commenced on or about January 19,1998. The Respondent’s incarceration was to be followed by a period of 3 years supervised probation. No appeal was taken.

B. The Respondent has provided as part of his Response to Writ of Summons information in mitigation of the sanction to be imposed by the Court of Appeals. Based on this information this Court finds clear and convincing evidence of the following:

The Respondent has completed his sentence and is currently serving the 3 year period of supervised release. The Respondent has also abstained from the use of alcoholic beverages and has not used or possessed any narcotics, dangerous or restricted drugs, control substances, marijuana or associated paraphernalia, except for valid prescription. He has attended at least three meetings per month of Alcoholics Anonymous or drug education and treatment classes through Cornell Corrections, Inc.
[189]*189He has maintained a current address and telephone number with the Probation Unit of the Office of the Chief Trial Counsel. He has provided the results of four to six drug screenings per month which have never indicated positive findings for any and all controlled substances or for alcohol.
Following his arrest and guilty plea, the Respondent’s right to practice law in California was suspended by Order of the Review Department of the State Bar of California, effective August 20, 1997, pending further disposition. The United States District Court for the Northern District of California ordered his suspension on November 12, 1997, pending further order of that Court.
On November 24, 1998, an Order in the Matter of In Re Cary David Dechowitz on Discipline was filed in the Supreme Court of the State of California. This Order placed the Respondent on actual suspension from the practice of law in the State of California for 18 months and until he had shown proof of rehabilitation, fitness to practice, and learning and ability in the general law, with 5 years probation with conditions, and with the requirement that he pass the Multistate Professional Responsibility examination. The Respondent was given credit toward the period of actual suspension for the period of his interim suspension which commenced on August 20, 1997.
Since the commencement of the Respondent’s suspension from the practice of law in the State of California, he has abided by all the terms and conditions of probation as recommended by the Hearing Department of the State Bar of California. He has complied with the provisions of the State Bar Act and the Rules of Professional Conduct of the State of California. He has submitted quarterly reports to the Probation Unit of the Office of the Chief Trial Counsel. He has attended the State Bar Ethics School and passed the test given at the end of that session. He has registered to take the Multistate Profes[190]*190sional Responsibility examination to be given on August 13,1999.
On June 17, 1999, an Order of Suspension was filed in the United States District Court, for the Northern District of California suspending the Respondent from the practice of law from the United States District Court for Northern District of California for the duration of his actual suspension from the practice of law in the State of California. He has been granted leave to petition that Court for reinstatement upon the showing that he has been reinstated to the State Bar of California and that he has completed all requirements of his probation as set out by the State Bar of California.
On March 18, 1998, the Court of Appeals of Maryland issued an Order suspending the Respondent from the practice of law in this State until further Order.

II. CONCLUSIONS OF LAW

The judgment entered by the United States District Court for the Northern District of California on October 10, 1997 is conclusive evidence of the Respondent’s conviction of violating 21 U.S.C. §

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ATTORNEY GRIEVANCE COM'N OF MARYLAND v. Dechowitz
747 A.2d 657 (Court of Appeals of Maryland, 2000)

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747 A.2d 657, 358 Md. 184, 2000 Md. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-grievance-comn-of-maryland-v-dechowitz-md-2000.