The Supreme Court Committee on Professional Conduct (committee) petitioned for the disbarment of the respondent, Arron E. Budnitz, alleging violations of the Rules of Professional Conduct (Rules). See SUP. Ct. R. 37(13). We referred the matter to a Judicial Referee (Dunn, J.) for a hearing. The referee determined that the respondent had violated Rules 3.3(a)(1), 3.3(a)(3), 8.1(a), 8.4(a) and 8.4(c). We agree that the respondent violated Rule 8.1(a) (knowingly making a false statement of material fact in connection with a disciplinary matter), find that this violation warrants disbarment, and, therefore, need not address the other violations.
The following facts are not in dispute. In 1984 and early 1985, the respondent, an attorney licensed to practice in New Hampshire, worked for David Williams in connection with the “Blondheim” companies. In January 1985, the respondent’s employment with Blondheim was terminated.
In March 1985, the respondent telephoned Carol Hebert, a former Blondheim employee, and asked her to notarize a document. Unbeknownst to the respondent, Hebert was cooperating with the New Hampshire Attorney General’s office in an investigation of Blondheim. Hebert at first declined, but, after conferring with a representative of
When the meeting occurred, on March 5, 1985, an investigator from the attorney general’s office and a postal inspector were secreted in Hebert’s apartment. The respondent asked Hebert to notarize a copy of a document entitled “Acknowledgement of Employment Termination” (Acknowledgement) that related to his termination. Hebert did so.
By 1987, Blondheim was under investigation by the Hillsborough County Grand Jury for theft and securities fraud. See State v. Williams,
The referee found by clear and convincing evidence that the defendant had knowingly lied to the grand jury and that he perpetuated this lie in his response to the professional conduct complaint. “In our review of the referee’s findings, our only function is to determine whether a reasonable person could have reached the same decision as the referee on the basis of the evidence before him.” Welts’ Case,
At the hearing before the referee, only the respondent and Hebert testified. We note that “any conflicts as might be found in the testimony, questions about the credibility of witnesses, and the weight to be given to testimony” are questions to be resolved by the referee. Bourdon’s Case,
Rule 8.1 states, in part: “[A] lawyer in connection with a . . . disciplinary matter, shall not: (a) knowingly make a false statement of material fact . . . .” N.H. R. PROF. CONDUCT 8.1(a). The referee found that, while the respondent began his dissembling of the truth before the grand jury, he continued his attempt to mislead once disciplinary actions were initiated. Ample evidence supports these findings under the clear and convincing standard. Hebert testified that the only time she notarized the Acknowledgement was on March 5, 1985, in her apartment. Before the grand jury, however, the respondent testified that the Acknowledgement was notarized in January at the Blondheim offices, and he continued to assert the truth of that testimony in his answer to the complaint. Resolution of the
Nor do the respondent’s efforts to cloak his statements in terms of “belief’ or “opinion” avail him. The respondent stands accused of knowingly making a false statement of material fact. He does not contend that his statements in response to the complaint against him were immaterial to the disciplinary proceedings. If, as the evidence clearly supports, he knew that the Acknowledgement was not notarized at the Blondheim offices in January, stating his belief to the contrary to the committee constitutes a false statement violative of Rule 8.1(a). Cf. Carpenito’s Case,
We now turn to the appropriate sanction. The committee recommends disbarment. The respondent points to no mitigating factors, choosing, instead, to rely on a highly technical parsing of the Rules to avoid any sanction. As we uphold the referee’s ruling as to a serious infraction, the respondent’s position fails. We agree with the committee.
“The purpose of the court’s disciplinary power is to protect the public, maintain public confidence in the bar, . . . preserve the integrity of the legal profession, and . . . prevent similar conduct in the future.” Welts’ Case,
“The gravity of unprofessional conduct is hot determined solely by the number of rules broken or by the particular rules violated, but it is determined largely with reference to the attorney’s behavior.” Flint’s Case,
*493 Lying to or attempting to mislead the committee in an attempt to cover up [misdeeds] evidences serious disregard for the institutions the respondent as an attorney has sworn to protect and uphold, and disbarment is the only sanction that will truly protect the public and maintain public confidence in the bar under these circumstances.
Fitzpatrick’s Case,
Arron E. Budnitz is hereby disbarred forthwith. At the end of two years, he may petition this court for readmission to the New Hampshire bar, subject to the requirements for admission for applicants at that time. See Sup. Ct. R. 37(2)(d). Furthermore, the respondent is ordered to reimburse the committee for all expenses incurred in relation to this matter. See Sup. Ct. R. 37(16).
So ordered.