Attorney Grievance Commission v. Worthy
436 Md. 633
| Md. | 2014Background
- Worth y was admitted to Maryland Bar in 1996; he failed to file federal tax returns for 2006 and 2007.
- Bar Counsel filed Petition for Disciplinary Action under Rule 16-751(a); Worthy admitted he had two willful tax-filing failures and a related criminal conviction.
- Worthy pled guilty in U.S. District Court to two counts of willful failure to file; he was sentenced to six months’ incarceration in 2012.
- Court held hearings; evidence included a joint stipulation of facts, documentary exhibits, and letters from four judges about Worthy’s character.
- Finding of fact: Worthy’s misconduct violated Rules 8.4(b) and (d); Rule 8.4(c) was not violated; sanctions considered, focusing on public protection and deterrence.
- Court imposed indefinite suspension with the right to apply for reinstatement after six months; Worthy’s request for a finite six-month suspension was rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Worthy violated 8.4(b) and (d). | Worthy committed willful tax-filing failures and thus misconduct. | Worthy contends no rule violation beyond the conviction; argues mitigation. | Yes, violations of 8.4(b) and (d) established. |
| Whether Worthy violated 8.4(c). | Tax-filing failures show dishonesty or deceit. | No clear and convincing evidence of dishonesty; records loss and bookkeeping issues. | No, 8.4(c) not violated. |
| What is the appropriate sanction for Worthy’s misconduct? | Indefinite suspension with right to reinstatement after six months. | Finite six-month suspension nunc pro tunc to May 2012. | Indefinite suspension with right to apply for reinstatement after six months. |
| Should the sanction be concurrent with Worthy’s incarceration? | Sanction should align with period of incapacity. | Suspendment should coincide with incarceration. | Rejected; sanction not tied to incarceration; court noted Rule 16-760 expectations during incapacity. |
| What are the reinstatement qualifications in this case? | Reinstatement contingent on full compliance and evidence of rehabilitation. | Worthy argues reduced sanctions and easier reinstatement. | Worthy must meet Rule 16-781 criteria; indefinite suspension with six-month reinstatement window. |
Key Cases Cited
- Attorney Grievance Comm’n v. O’Leary, 433 Md. 2 (2013) (discusses sanctions for willful tax-return failures)
- Attorney Grievance v. Taylor, 405 Md. 697 (2008) (sanctions analysis for tax-related misconduct)
- Attorney Grievance v. McClain, 373 Md. 196 (2003) (relevant to severity of discipline for tax-related misconduct)
- Attorney Grievance v. Tayback, 378 Md. 578 (2003) (suspension for willful failure to file and pay taxes)
- Attorney Grievance v. Jones, 424 Md. 626 (2012) (indefinite suspension with reinstatement after six months in problematic tax cases)