Attorney Grievance Commission v. Holt

RAKER, J., dissenting, in which BATTAGLIA, J., joins:

I would disbar respondent. Respondent was an administrative law judge, on assignment to Puerto Rico. He was convicted in the United States District Court for the District of Puerto Rico of aiding and abetting the possession of cocaine. The record reflects that in his hotel room, paid for by the United States government, F.B.I. agents found thirty-one vials filled with cocaine, plastic and glass pipes, metal spoons, and plastic baggies with residue. He purchased the controlled *684dangerous substances in a rented vehicle, paid for by the government. Canon 2A of the Maryland Code of Judicial Conduct provides as follows:

“A. A judge shall avoid impropriety and the appearance of impropriety. A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the impartiality and integrity of the judiciary.”

Respondent certainly did not respect the law nor did he act in a manner to promote public confidence in the integrity of the judiciary.

Sanctions in attorney discipline cases have multiple purposes and justifications. Protection of the public is one purpose. We have also pointed out repeatedly that another purpose is to maintain the integrity of the legal profession. See, e.g., Attorney Griev. Comm’n v. Atkinson, 357 Md. 646, 656, 745 A.2d 1086, 1092 (2000); Attorney Griev. Comm’n v. Hess, 352 Md. 438, 453, 722 A.2d 905, 913 (1999). When an officer of the court, in the role of an administrative law judge, while on assignment, buys and uses cocaine, the administration of justice is prejudiced and the confidence of the public in the judicial system is seriously impaired. The integrity of the legal profession is greatly harmed.

Although this Court affords great weight to the recommendation of Bar Counsel, ultimately it is the responsibility of this Court to determine the sanction that should be imposed. Disbarment is the appropriate sanction in this case.

Judge BATTAGLIA has authorized me to state that she joins in the views expressed in this opinion.