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Attorney Grievance Commission v. Alison5/19/1998
It is clear that Respondent knowingly failed to respond to a lawful demand for information from a disciplinary authority.
Finally, Respondent made the following general exceptions to Judge Brennan's findings of fact and conclusions of law: 1)Petitioner's proof was not restricted to his answers to Respondent's interrogatories; and 2) Respondent was not permitted to act as co-counsel in the instant case. We find no merit in either of Respondent's claims. Regarding the interrogatories, Petitioner was asked to describe each act or omission upon which Petitioner relied to support the petition for disciplinary action as to each complaint. Petitioner responded by describing the Respondent's actions as they were described in the petition for disciplinary action. It is apparent from the record that Respondent actually attempted to limit Petitioner's proof to certain portions of Petitioner's answers to interrogatories. We find no error.
Respondent's final contention that he was not permitted to act as co-counsel in the instant case is also without merit. In Stewart, we noted that disciplinary proceedings are not criminal proceedings and that the purpose of a disciplinary proceeding is "to protect the public by determining a lawyer's fitness to practice law." 285 Md. at 258, 401 A.2d at 1029. We further noted that "a lawyer charged with misconduct is not entitled, at any stage of disciplinary proceedings, to all of the constitutional safeguards accorded an accused in a criminal proceeding." Stewart, 285 Md. at 258, 401 A.2d at 1029-30. Even a criminal defendant "`does not have an absolute right to both self-representation and the assistance of counsel.'" Parren v. State, 309 Md. 260, 265, 523 A.2d 597, 599 (1987)(quoting United States v. Halbert, 640 F.2d 1000, 1009 (9th Cir. 1981)). Thus, Judge Brennan did not err in refusing to allow Respondent to proceed pro se as well as with counsel.
In sum, we find that Judge Brennan's findings as to the Koziol case were clearly erroneous. As for the McAnulty and Close complaints, we sustain Judge Brennan's findings of fact and conclusions of law.
SANCTION
We must now determine the proper sanction for Respondent's conduct. It is well settled that " he purpose of disciplinary proceedings against an attorney is to protect the public rather than to punish the erring attorney." Attorney Griev. Com'n v. Hamby, 322 Md. 606, 611, 589 A.2d 52, 56 (1991). The severity of the sanction depends upon the facts and circumstances of the instant case. Id. Imposing a sanction protects the public interest "because it demonstrates to members of the legal profession the type of conduct which will not be tolerated." Id.
Petitioner recommends that Respondent be disbarred and states that
"Respondent has not learned from his earlier exposure to discipline and the Opinion of this Court in addressing his conduct. While the earlier Opinion attributed `the conduct with which we are here concerned [to have] its roots in marital discord ([Alison, 317 Md.] at 525, 562 A.2d at 661) there is no excuse this time. It would appear that Respondent's character, professional judgment, sense of ethics and fairness is demonstrably lacking and is at the heart of this course of conduct so abhorrent and intolerable in a member of a learned profession."
We agree with Petitioner's characterization of Respondent. As previously mentioned, this is not the first time Alison has been before this Court on a disciplinary matter. See Alison I, supra. In Alison I, we suspended Alison noting:
"For about two years, respondent, an attorney in Harford County, engaged in a course of professional and private conduct that was inap
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