Attorney Grievance Commission of Maryland v. O'Neill

Murphy, C. J,

dissenting:

I cannot agree with the Court that a reprimand is the appropriate sanction for O’Neill’s misconduct. Giving due consideration to his youth, inexperience and apparent financial problems, I think a ninety-day suspension from the practice of law is, at the least, plainly mandated to protect the public interest.

As a lawyer, O’Neill was an officer of the court on February 1, 1977, when, within the confines of the Howard County courthouse, he intentionally undertook to deceive Judge Cicone, Assistant State’s Attorney Smith, and Mrs. Barbara McCullough, a probation agent, by telling each of them in turn that he had previously paid the court costs and thus had met the conditions of his probation. Only when he realized that he would be put under oath in open court did he reveal his deceitful conduct.

These background facts disclose the gravity of O’Neill’s *58misconduct: on June 15,1976 — one day prior to his admission to the Bar of Maryland — O’Neill was found guilty in a de novo appeal in the Circuit Court for Howard County of driving a vehicle while intoxicated. The State’s Attorney moved that the guilty verdict be stricken and O’Neill placed on probation on condition that he pay the court costs of $65.60 in installments of $15 monthly. The State’s Attorney’s motion undoubtedly took into account the fact that O’Neill was to become a member of the Maryland Bar on the following day. Judge Cicone granted the motion.

From June 15, 1976, until February 1, 1977, O’Neill failed to pay any of the court costs and thereby violated a condition of his probation. As a result, a warrant was issued for his arrest for violation of probation and a show cause order was issued. On the morning of February 1, 1977, O’Neill learned that a bench warrant had been issued for his arrest. He obtained a money order to cover the court costs and went to the courthouse to make payment. When he arrived, he told the probation agent that he had previously paid the costs and that the records of the probation department were inaccurate. He told the same falsehood to the Assistant State’s Attorney who was in charge of his case and also to Judge Cicone, apparently in the Judge’s Chambers. These misrepresentations were identical to earlier falsehoods concerning his payment of the court costs, which he had made to the probation department via the telephone.

We have said that there is no more important moral character trait in a lawyer than truthfulness and candor. See Fellner v. Bar Ass'n 213 Md. 243, 131 A. 2d 729 (1957). In view of this, and considering all the circumstances, I would impose a ninety-day suspension rather than a reprimand.

Judges Orth and Cole have authorized me to state that they concur with the views expressed herein.