Attorney Grievance Commission v. Middleton

Raker, Judge,

dissenting:

I respectfully dissent from the sanction imposed by the Court in this case. In my view, Respondent should be disbarred.

*51Respondent lied to a circuit court judge, provided ineffective assistance of counsel to his client in a criminal case which resulted in the court’s grant of post-conviction relief, acted in an incompetent fashion in other cases, and was convicted of criminal contempt. He was sentenced to a term of eighteen months in the Department of Corrections, all suspended with a period of three years supervised probation. He failed to respond to Bar Counsel’s inquiries and failed to appear at the Circuit Court hearing in this matter.

Respondent has exhibited a pattern of misconduct, and a history of disciplinary sanctions. In 1996, he was reprimanded for failing to take appropriate safekeeping measures with respect to client property and for practicing after he had been decertified for failure to pay the annual assessment to the Clients’ Security Trust Fund. In 1998, he was sanctioned for failure to act with diligence, to keep the client informed and to refund unearned fees. He likewise did not respond to Bar Counsel’s inquiries in those cases.

How many chances is Respondent entitled to receive? Having demonstrated by his repeated misconduct and incompetence that he is not fit to practice law, he should be disbarred.

Judge CATHELL has authorized me to state that he joins in the views expressed herein.