In re a Member of the Bar of the Supreme Court of Delaware, Shearin

765 A.2d 930, 2000 Del. LEXIS 517
CourtSupreme Court of Delaware
DecidedDecember 22, 2000
DocketNo. 178, 2000
StatusPublished
Cited by1 cases

This text of 765 A.2d 930 (In re a Member of the Bar of the Supreme Court of Delaware, Shearin) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re a Member of the Bar of the Supreme Court of Delaware, Shearin, 765 A.2d 930, 2000 Del. LEXIS 517 (Del. 2000).

Opinion

PER CURIAM:

This case comes before the Court pursuant to Rule 9(e) of the Rules of the Board on Professional Responsibility. The Respondent, K. Kay Shearin, a member of the Delaware Bar, seeks review of a report [932]*932issued by the Board on Professional Responsibility (“Report”). In the Report, the Board found that Shearin had violated several rules of the Delaware Lawyers’ Rules of Professional Conduct (“DLRPC”) and recommended that Shearin be suspended for a period of three years pursuant to Board Rule 8(a)(2).

Shearin filed a timely objection to the Board’s Report and its recommendation. Shearin has raised three issues on appeal. First, she contends that the Office of Disciplinary Counsel failed to establish that she violated the DLRPC as alleged in the Petition for Discipline (“Petition”). Second, she argues that the Board’s findings of fact are not supported by substantial evidence. Third, she submits that the sanction of a three-year suspension recommended by the Board should be rejected in favor of a reprimand.

We have concluded that the violations found by the Board are supported by competent admissible evidence. Nevertheless, we have concluded that the sanction recommended by the Board needs to be addressed further by the parties before a final determination is made by this Court.

STATEMENT OF FACTS1

Events Leading to Disciplinary Charges

On September 1, 1998, the Office of Disciplinary Counsel (“ODC”) filed a Petition for Discipline against Shearin. The Petition alleged six violations of the DLRPC by Shearin. The events which led to the ODC’s charges against Shearin arose from Shearin’s role in litigation, which commenced in 1991, concerning the ownership and governance of certain church properties located in Wilmington, Delaware and elsewhere. The parties involved in that litigation were the Mother African Union First Colored Methodist Protestant Church (“Mother Congregation”), the Conference of African Union First Colored Methodist Protestant Church (“AUMP Church”), and its President Prelate, Delbert L. Jackson (“Bishop Jackson”).2 Shearin was the attorney for the Conference and Bishop Jackson in that litigation.

That litigation resulted in the entry of a final judgment (“Final Judgment”) on February 24, 1993 which denied the claims of Shearin’s clients, the AUMP Church and Bishop Jackson, and upheld the claims of the plaintiff, the Mother Congregation and its members. The Court of Chancery held that the church properties in question belonged to the Mother Congregation, its Trustees and its members. The Court of Chancery issued a final injunction restraining the AUMP Church from interfering with the use and enjoyment of the properties by the Mother Congregation and its members and also invalidated a deed that purported to transfer the church properties from the Mother Congregation to the AUMP Church. The Court of Chancery’s Order also imposed sanctions on Shearin under Chancery Court Rule 11 and ordered her to pay $459.00 to the plaintiffs’ attorneys.

On July 13, 1995, the Court of Chancery entered an Order finding Shearin in civil contempt of court for violating the terms of the Final Judgment. The Court of Chancery transmitted its Memorandum Opinion and Order to the ODC for it to “consider appropriate disciplinary measures against Ms. Shearin, whose pattern of behavior in this case raises serious questions as to her willingness to abide by the standards of conduct expected of attorneys who practice before this Court.” On September 22, 1995, the Court of Chancery entered an Order finding Shearin in civil contempt for conduct that the Court

1. The facts are taken almost verbatim from Shearin’s Opening Brief. [933]*933found to be in violation of the Court’s July 13, 1995 Order. The Court’s Order also directed that a copy of the Order be transmitted to ODC “to take such disciplinary action against [Shearin] as it deems appropriate.” These two referrals to ODC led to the initiation of three separate disciplinary proceedings against Shearin, which resulted in the imposition of a one-year suspension from the practice of law.3

The pending ODC Petition arose from a lawsuit filed by Shearin, pro se, and Bishop Jackson on February 26, 1997 in the U.S. District Court for the District of Columbia (the “Shearin Lawsuit”). The claims asserted in the Shearin Lawsuit were brought under the federal civil rights laws, 42 U.S.C. §§ 1983 and 1985 and sought monetary damages as well as in-junctive relief. The named defendants included individual trustees of the Mother Congregation, attorneys who had represented the Mother Congregation, several Superior Court Judges, two Vice-Chancellors, most current and former Justices of the Delaware Supreme Court, some U.S. District Court judges and judges of the Third Circuit Court of Appeals, one attorney employed by the ODC, and a United States Senator.

In the complaint, Bishop Jackson alleged that defendant Jarman had conspired with other named defendants to “break up the AUMP Church” and to “take its church buildings and land away from it.” Bishop Jackson also alleged that various named defendants had engaged in a conspiracy to deprive Jackson and the AUMP Church members of church properties (hereinafter “Jackson Claims”).

In claims that were unrelated to Bishop Jackson’s claims concerning the church and its properties, Shearin alleged that one defendant, then a United States District Court Judge: unlawfully refused to authorize payments to Shearin for services she had rendered as a court-appointed attorney under the Criminal Justice Act, 18 U.S.C. § 3006A; had induced other federal judges in the District of Delaware to do the same; had caused Shearin’s name to be removed from the panel of attorneys who were eligible for CJA appointments in Delaware; and had unlawfully induced other Delaware District Court judges to dismiss all the cases in which Shearin was involved as an attorney for the plaintiff. Shearin alleged that the judge in the Court of Chancery proceedings “suffered a progressive mental disability” which caused him to “exhibit mood swings and injudicious conduct, including hostility to litigants and court personnel.” Shearin also alleged that the same jurist “had induced other Delaware judges to ratify his rulings in the AUMP church cases, even when those rulings were contrary to the evidence before the courts and to the controlling law.” Lastly, Shearin alleged that several of the named defendants had “defamed” Shearin in various publications and legal proceedings.

In a Memorandum Opinion and Order dated January 27, 1998, all of the claims set forth in the Shearin Lawsuit were dismissed for lack of subject matter jurisdiction under the Rooker-Feldman doctrine.4 In dismissing the claims concerning the AUMP Church and its properties, the federal trial judge in the District of Columbia stated:

A review of the relief sought by plaintiffs demonstrates that in effect plaintiffs seek the same relief they were unable to obtain in the prior lawsuits ... the court concludes that the plaintiffs [934]

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Related

In Re Shearin
765 A.2d 930 (Supreme Court of Delaware, 2000)

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765 A.2d 930, 2000 Del. LEXIS 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-a-member-of-the-bar-of-the-supreme-court-of-delaware-shearin-del-2000.