In Re Campbell

522 A.2d 892, 1987 D.C. App. LEXIS 315
CourtDistrict of Columbia Court of Appeals
DecidedMarch 23, 1987
DocketM-90-81
StatusPublished
Cited by9 cases

This text of 522 A.2d 892 (In Re Campbell) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Campbell, 522 A.2d 892, 1987 D.C. App. LEXIS 315 (D.C. 1987).

Opinions

PER CURIAM:

Before us is a recommendation from the Board on Professional Responsibility that former Superior Court Judge Robert H. Campbell be disbarred under the provisions of D.C.Code § ll-2503(a) (1981). That section mandates disbarment for a “member of the bar of the District of Columbia Court of Appeals [who] is convicted of an offense involving moral turpitude.” We agree with and carry out this recommendation.

The basic facts in this case are set forth in Respondent’s direct appeal from his conviction. United States v. Campbell, 221 U.S.App.D.C. 367, 684 F.2d 141 (1982).1 In short, Respondent was convicted under 18 U.S.C. § 201(g)2 for receiving an illegal gratuity by accepting moving services from a trucking firm in connection with the transfer of his household goods from one house to another. Both prior and subse[893]*893quent to the offense, the trucking firm appeared numerous times as a defendant in cases before Respondent.

In our jurisprudence with respect to offenses “involving moral turpitude,” we have distinguished between offenses which inherently involve moral turpitude by virtue of their underlying elements, and those which do not. The threshold focus, then, is on the type of crime committed rather than on the factual context surrounding the actual commission of the offense. If it is determined that the particular offense inherently involves moral turpitude, that is the end of the inquiry. If the particular offense does not involve moral turpitude per se, then an inquiry is made into the specific facts of the individual offense to determine whether, on those facts, an offense involving moral turpitude was committed. In re Colson, 412 A.2d 1160, 1164-65 (D.C.1979) (en banc). In the case before us, the Board made a determination that the crime of receiving an illegal gratuity does not involve moral turpitude per se and referred the matter to a Hearing Committee to “examine the circumstances of Respondent’s particular offense.” The Hearing Committee concluded that Respondent’s offense on its facts did not involve moral turpitude,3 but a majority of the Board has disagreed and recommended disbarment under the terms of the statute.

We begin with an examination of the precise elements of the offense. The trial court instructed the jury that to be convicted under the statute, Respondent must have received the gratuity “for or because of an official act performed or to be performed” by him, and that in addition he must have acted “knowingly and willfully.” 221 U.S.App.D.C. at 373, 684 F.2d at 147.4

In his direct appeal, Campbell challenged the sufficiency of these instructions. He argued that the trial court erred in not requiring the jury to find that the gratuity was conferred with "specific knowledge” of “a definite official action for which compensation was intended.” Campbell claimed that “if [the trucking company official] provided a move of household belongings to Judge Robert Campbell because he felt that Judge Campbell had been (or would be) generally lenient with respect to [the trucking company’s] overweight citations, this would not be sufficient for culpable intent” — an assertion that the appeals court rightly characterized as “somewhat startling.” 221 U.S.App.D.C. at 375, 684 F.2d at 149. While the court acknowledged that as a general proposition, it was no easy task to articulate the requisite intent necessary to constitute accepting or giving an illegal gratuity,5 it had “no doubt” that the jury here clearly understood the requirement that the gratuity be received “knowingly and willfully" and “for or because of an official act.”

Citing United States v. Brewster, 408 U.S. 501, 527, 92 S.Ct. 2531, 2544, 33 L.Ed.2d 507 (1972), and on appeal after remand, 165 U.S.App.D.C. 1, 506 F.2d 62 (1974), the court drew a sharp distinction between the situation faced by a United States senator, an elected official, in distinguishing between legitimate campaign contributions and illegal gratuities, and that faced by a sitting judge, particularly, we might add, one who is (as Judge Campbell) appointed rather than elected. “[N]o similar problems attend deciding whether a [894]*894judge has accepted gifts ‘with knowledge that the donor was paying him compensation for an official act.’” Campbell, supra, 221 U.S.App.D.C. at 376, 684 F.2d at 150.6

Before us, as before the Board, Respondent in substance attempts to reargue his conviction by negating the existence of criminal intent, such as by stressing his payment of $60 to the three trucking company employees and his attempt to pay their supervisor as well. He made the same assertion before the appellate court in his direct appeal and it was rejected.

Judge Campbell’s defense sought to negate the existence of criminal intent. It emphasized that Judge Campbell gave $60 to the three ECI employees who assisted during the five-hour move, and that Judge Campbell sought to pay their supervisor, Jones, as well. When Jones refused to take any money for his own time or to let Judge Campbell pay for a truck that Jones had already rented, Judge Campbell “was confronted, not of his own volition or choice, with a gratuity ... of such a nature that he could not give it back.”
Although this version of events could be believed, there was clearly sufficient evidence from which the jury could conclude beyond a reasonable doubt that it was not so. There was credible evidence to suggest that Jenkins arranged the move pursuant to a meeting with Judge Campbell, that the $60 was intended as a tip rather than as payment for the value of the services given, and that Judge Campbell knew the movers’ assistance was a gratuity rendered for or because of his official acts. It was for the jury to resolve the question of Judge Campbell’s intent based on this evidence, and we find no occasion to disturb its verdict.

221 U.S.App.D.C. at 372, 684 F.2d at 146 (footnote & citation omitted). We cannot again revisit the argument on the facts. They were determined by the jury and by the Board. By our own rules, we are bound by such factual findings “unless they are unsupported by substantial evidence of record,” not the case here. D.C. Bar Rule XI, § 7(3). Furthermore, the guilty finding by the jury is “conclusive evidence of the commission of that crime” in subsequent disciplinary proceedings. D.C. Bar Rule XI, § 15(3).

The statute proscribing illegal gratuities is sweeping in its scope. It covers all public officials whether they be in the executive, legislative or judicial branch. In Attorney Grievance Commission v. Brewster, 280 Md. 473, 374 A.2d 602 (1977), it was held that the receipt of an illegal gratuity by a United States senator did not constitute moral turpitude per se

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In Re Campbell
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Bluebook (online)
522 A.2d 892, 1987 D.C. App. LEXIS 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-campbell-dc-1987.