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Alabama State Bar v. Tipler12/30/2004
The Alabama State Bar appeals from the reversal by the Alabama State Bar Board of Disciplinary Appeals of the Disciplinary Board and the Disciplinary Commission's order disciplining James Harvey Tipler. We reverse and remand.
I.
The facts underlying the disciplinary action are as follows. Tipler represented a plaintiff in a medical-malpractice case arising out of the death of Harold Rogers. During the trial of that case, Tipler attempted to offer a videotape of Harold the day before the surgery that allegedly resulted in his death as evidence indicating that the surgery was unnecessary. To authenticate the tape, Tipler questioned Harold's son, Bradley Rogers. Tipler asked Bradley whether he had viewed the tape and whether it accurately depicted Harold's condition the day before his surgery. The videotape Tipler attempted to enter into evidence, however, was edited from the original version of the tape that Bradley had seen; some of the scenes that would have been harmful to the plaintiff's case had been deleted or moved. Bradley Rogers had never seen the tape as edited; thus, he unknowingly gave false answers to Tipler's questions. After the defense's objection to admission of the videotape, the trial court conducted an independent inquiry and ultimately disallowed both the original tape and the edited tape.
Because Tipler's answers to the trial court's questions during the inquiry concerning the videotape suggested that he had committed perjury, the trial court initiated a civil-contempt proceeding against Tipler. The Covington County District Attorney, Eugenia Loggins, also brought a criminal charge against Tipler. Based on Tipler's attempt to introduce the edited tape, the grand jury indicted Tipler for the crime of first-degree perjury, a class C felony. On the day of the trial, Tipler and the district attorney entered into a plea agreement. Pursuant to the agreement, Tipler pleaded guilty to interfering with judicial proceedings, a class B misdemeanor. See ยง 13A-10-130(a)(1), Ala. Code 1975.
The general counsel of the Alabama State Bar petitioned the Disciplinary Board pursuant to Rule 22(a)(2), Ala. R. Disc. P., for a determination as to whether Tipler's conviction involved a "serious crime" as that term is defined in Rule 8(c)(2), Ala. R. Disc. P. If it did, Rule 22(a)(2) requires the Disciplinary Commission to suspend or disbar Tipler from the practice of law. The Disciplinary Board held a hearing at which District Attorney Loggins, two attorneys who defended Tipler in the criminal case against him, and Tipler testified. Although the Disciplinary Board did not allow Tipler to relitigate the merits of the underlying criminal charge against him, it did allow the State Bar and Tipler to establish the circumstances under which Tipler pleaded guilty to interfering with judicial proceedings. The Disciplinary Board found that Tipler had been convicted of a "serious crime" within the meaning of Rule 8(c)(2) and Rule 22(a)(2), Ala. R. Disc. P. Tipler appealed the decision to the Board of Disciplinary Appeals of the Alabama State Bar, which dismissed Tipler's appeal.
The Disciplinary Commission then set a hearing to determine the appropriate disciplinary action to take pursuant to Rule 22(a)(2), Ala. R. Disc. P. Before the hearing date, Tipler appealed to this Court, and the hearing was continued. The State Bar moved to dismiss the appeal, and this Court granted the motion. Tipler v. Alabama State Bar (No. 1011928, Sept. 9, 2002). After the hearing, the Disciplinary Commission imposed a 120-day suspension.
Tipler appealed the orders of the Disciplinary Board and the Disciplinary Commission to the Board of Disciplinary Appeals. After oral ar
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