Attorney Grievance Commission v. Mahone
435 Md. 84
| Md. | 2013Background
- Mahone is a Maryland attorney admitted in 1986 and has been a solo practitioner since 2010.
- Bar Counsel filed a Petition alleging violations of MLRPC 8.4(b) and (d).
- The circuit court held an evidentiary hearing and made factual findings regarding events in a February 1, 2010 Final Protective Order proceeding in Prince George's County.
- Mahone appeared in court representing the child’s mother; he was not a party and had no notice, but traveled to the proceeding at his client’s instruction.
- During final argument, Mahone was admonished for behavior, was removed from the courtroom, and later arrested for disorderly conduct and resisting arrest.
- Judge Quirk found a violation of MLRPC 8.4(d) but not 8.4(b); he considered mitigating factors, including an apology, and the matter involved a single incident with prior reprimand in 2007.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 8.4(d) was violated | Petitioner: clear, convincing evidence of disruptive conduct warranted 8.4(d). | Mahone: conduct not sufficiently disruptive to violate 8.4(d); credibility issues preclude finding. | Yes; 8.4(d) violated |
| Whether 8.4(b) was proven | Bar Counsel: facts also establish disorderly conduct or resisting arrest satisfy 8.4(b). | Mahone: no proof of criminal conduct or dishonesty; no 8.4(b) violation. | No; 8.4(b) not proven |
| Appropriate sanction | 90-day suspension due to aggravating factors and prior reprimand. | Rehabilitation and mitigation; single incident; appropriate sanction is lesser. | 30-day suspension; costs awarded |
Key Cases Cited
- Attorney Grievance Comm’n. v. Gore, 380 Md. 455 (2004) (standard for reviewing findings of fact and conclusions of law)
- Attorney Grievance Comm’n. v. Mahone, 398 Md. 257 (2007) (prior courtroom reprimand and burden of proof considerations)
- Attorney Grievance Comm’n. v. Goff, 399 Md. 1 (2007) (de novo review of conclusions of law; clear and convincing standard for facts)
- Attorney Grievance Comm’n. v. Alison, 317 Md. 523 (1989) (suspension considerations in aggravated misconduct)
- O’Toole, 379 Md. 595 (2004) (de novo review of legal conclusions; credibility determinations for fact-finding)