In Re the Petition for Reinstatement to the Bar of Loker
delivered the opinion of the Court.
Wе shall here decline to reinstate William M. Loker, Jr., to the Bar of this State.
In
In Re Raimondi and Dippel,
Loker was admitted to the Maryland Bar on November 13, 1947. Hе was disbarred on March 20, 1970, by the Circuit Court for St. Mary’s County.
1
The details of the conduct which brought about this disbarment are set forth in
Loker v. State, 2
Md. App. 1,
The inquiry panel evaluated this case pursuant to the criteria set forth in
In re Barton,
Loker’s actions, over an extended period of time, represented the gravest form of professional misconduct.
The misappropriation by an attorney of funds of others entrusted to his care, be the amount small or *647 large, is of great concern and represents the gravest form of professional misconduct. Bar Association v. Marshall,269 Md. 510 ,307 A. 2d 677 (1973). See also Attorney Grievance Commission v. Andresen,281 Md. 152 ,379 A. 2d 159 (1977).
The panel noted that attached to Loker’s petition for reinstatement were “[vjoluminous testimonials to Loker’s subsequent conduct, reformation and present character” and “[ijncluded among these are letters of reсommendation from almost all members of the St. Mary’s County Bar, respected members of the business community, one member of the Clergy, and elected officials, including members of the State Legislature.” In addition to these written testimonials, numerous witnesses testified at the hearing in favor of Loker’s reinstatement. The panel said that if the testimonials and sworn testimony represented all the evidence pertinent to the issues of subsequent conduct, reformation and present сharacter it “would have no difficulty in concluding that [Loker] has established by clear and convincing proof, that his subsequent conduct, reformation and present character represent no obstacle to his reinstatement.” It questioned, however, the isolation of the Loker home from the possible claims of creditors. It had been owned by Loker and his wife as tenants by the entireties until just prior to his incarceration when it was transferred to his wife. The panel quеstioned his present employment at a salary of $125 per week, apparently believing that this was intended to insulate his wages from attachment by creditors.
Insofar as Loker’s present qualifications and competence to practice law are concerned, the panel noted:
Prior to his incarceration, Loker was one of the most able lawyers in Southern Maryland. Since then he has read the Daily Record and has attempted to keep abrеast of changes in the law by reading Appellate Opinions and discussing the law with lawyers and judges. He has also assisted law graduates in their preparation for the Bar Examination.
*648 The panel recommended against reinstatement, “finding] thаt Loker has not established, by clear and convincing proof, that his subsequent conduct and reformation, and his present character, justify reinstatement.” As .the basis for this conclusion it said:
This Panel is quite favorably impressed with the voluntary testimonials submitted by many distinguished and respected persons who appear to be totally convinced that he has paid his debts to society, that he has reformed his character and is morally fit for reinstatement. He has shown great cоurage, strong character, and resoluteness in purpose by returning to his local community to regain his personal dignity and prove his reformation.
We are completely cognizant of, and in total accord with, the heartaсhes for a disbarred attorney and his family, and we share the belief of Judge Smith in a doctrine of forgiveness and brotherly love. See dissenting Opinion, In Re Braverman,271 Md. 196 , [213,]316 A. 2d 246 , 254 (1974).
As forgiving as our dispositions may be, we are convinced that to some small extent Loker’s arrаngements to isolate the family home from the claims of creditors and to a much greater extent his continuing salary arrangements, which effectually remove his wages from claim of creditors, are indicative of insufficient reformation of character to recommend reinstatement, under the controlling guidelines of previous cases decided by the Maryland Court of Appeals.
The review board “concur[red] in and adopt[ed] the Inquiry Panel’s recommеndation that the Petition for Reinstatement should be denied____”
We agree with the panel and the Review Board for much the same reasons set forth in our opinion in
Raimondi and Dippel.
There we referred to our repeated assertions that the
*649
purpose of disbarment is not to punish the attorney, but to protect thе public; that an application for reinstatement involves a new inquiry as to whether in the interval following the rendering of the judgment of disbarment the petitioner has become a proper person to be admitted as an attоrney; and that since disbarment is not punishment, then due regard to the administration of justice does not permit disbarment and reinstatement to be made mere adjuncts to reform schools and parole systems. As in
Raimondi and Dippel,.
the type of crime committed bv Loker makes the original misconduct one of the most important of the criteria to be considered on his application for reinstatement. We noted in
Raimondi and Dippel
that the relation of the bar to the courts is a peculiar and intimаte relationship; that the bar is an attache of the courts; that the quality of justice dispensed by the courts depends in no small degree upon the integrity of its bar; and that an unfaithful bar mav easily bring scandal and reproach to the administration of justice and bring the courts themselves into disrepute, citing
In re Cannon,
We said in Raimondi and Dippel:
There may be a point in time when it is proper to reinstate to the practice of law even one who has committed a most heinous crime. We are unable to draw a precise line as to when that might be. We point out once again Judge Eldridge’s observation for the Court in Barton,273 Md. at 380 , “[T]he more serious the original misconduct was, the heavier is the burden to prove present fitness for readmission to the bar.”
It may not have been so labeled, but what courts do when faced with any application for *650 reinstatement from a previously disbarred lawyer is to engage in a balancing process. On one side of the scale is placed the seriousness of the misconduct which produced disbarment and the court's duty to society at large to see that only those persons who are worthy of the faith and confidence of the general public are permitted to handle the affairs of others. In this regard, it must be remembered as Chief Justice Vinson said in In Re Isserman,345 U. S. 286 , 289,73 S. Ct. 676 ,97 L. Ed. 1013 (1953), reversed on other grounds,348 U. S. 1 ,75 S. Ct. 6 ,99 L. Ed. 3 (1954), “There is no vested right in an individual to practice law. Rather there is a right in the Court to protect itself, and hence society, as an instrument of justice.” On the other side are placed the subsequent conduct and reformation of such individual, his present character, his present qualifications and competence to practice law, and the fact that the very nature of law practice places an attorney in a position where an unprincipled individual may do tremendous harm to his client. In this balancing process consideration must be given to the length of time which has elapsed since disbarment. Also, it must not be forgotten that a disbarred attorney was previously found to possess good moral character. Otherwise, he would not have been admitted to practice law. Thus, either someone erred in the earlier evaluation оf his character or the weakness of character producing the earlier misconduct previously failed to manifest itself. For this reason such an applicant must undergo an even more exacting scrutiny than he did earlier. In evaluating the statements from others as to the present good moral character of an applicant for readmission it must not be forgotten that a disbarred lawyer — like many people convicted of so-called “white-collar” crime — had earlier occupied a position in society where it is probable that testimonials as to his good moral character, similar to that elicited in connection *651 with his application for reinstatеment, could have been obtained at any point in time prior to knowledge of his misconduct on the part of those attesting to his good character. [Id.285 Md. at 617-18 .1
We went on in
Raimondi and Dippel
to quote, as we have done a number of times in the past, from
In re Stump,
The ultimate and decisive question is always whether the applicant is now of good moral character and is a fit and proper person to be reintrusted with the confidences and privileges of an attorney at law. This question has a broader significance than its purely personal aspect. From time immemorial lawyers have in a peculiar sense been regarded as officers of the court. It is a lawyer’s obligation to participate in upholding the integrity, dignity, and purity of the courts. He owes a definite responsibility to the public in the proper administration of justice. It is of utmost importance thаt the honor and integrity of the legal profession should be preserved and that the lives of its members be without reproach. The malpractice of one reflects dishonor not only upon his brethren, but upon the courts themselves, and creates among the people a distrust of the courts and the bar. [Id. at 598.]
We have referred numerous times in the past to the fact that misappropriation by an attorney of funds of others entrusted to his care, be the amount smаll or large, is of great concern and represents the gravest form of professional misconduct.
See, e.g., Attorney Griev. Comm’n v. Andresen,
Balancing all of the factors we have mentioned and taking into consideration particularly the conduct for which Loker was disbarred and the time which has elapsed since then, we are unwilling to оnce again constitute him an officer of this Court, thereby placing him in a position where he may handle the affairs of others. Thus, his petition for reinstatement will be denied.
It is so ordered; petitioner shall pay all costs, including all cоsts of transcripts, pursuant to Maryland Rule BV15 b, c.
Notes
. Prior to the amendment of the BV rules effective November 2, 1970, discipline of attorneys was handled in the circuit courts of the the 23 counties of Maryland and in the Supreme Bench of Baltimore City.