Contrasting Approaches In Bar Counsel Selection Process

The appointment of a new Bar Counsel is the most consequential decision that a disciplinary system makes.

Paramount in making such a decision is finding a person who will oversee investigations without fear or favor and pursue allegations in a manner that protects the public and upholds the integrity of the legal profession.

Interestingly (and noted previously on this blog) both Maryland and the District of Columbia are in the process of selecting a new Top Lawyer Cop.

For Maryland, it is only the third Bar Counsel in the past 35 years. In D.C., there have been a lot more bar politics and seven Bar (now Disciplinary) Counsel over that same period of time.

Maryland commendably identified three finalists and sought public input

The Attorney Grievance Commission of Maryland has selected the applicants listed below as finalists for the position of Bar Counsel:

Raymond A. Hein, Acting Bar Counsel, former Deputy Bar Counsel, Attorney Grievance Commission of Maryland, former Associate, Redmond, Cherry & Burgin, PA, former Associate, Horn, Bennett & Redmond, PA.

Lydia E. Lawless, Senior Assistant Bar Counsel, former Assistant Bar Counsel, Attorney Grievance Commission of Maryland, former Associate, Vesper & Lawless, LLC.

Gerard R. Vetter, Assistant United States Trustee, Department of Justice, United States Trustee Program, Adjunct Faculty, University of Maryland Francis King Carey School of Law, former Chapter 13 Trustee, Office of Chapter 13 Trustee, former Shareholder, Goldman & Vetter, former Partner, Weinberg & Green, former Associate and Partner, Semmes, Bowen & Semmes.

Comments on the qualifications of these applicants should be provided in writing to the Attorney Grievance Commission, 200 Harry S. Truman Parkway, Suite 300, Annapolis, Maryland, 21401, received on or before April 3, 2017.

By contrast, the District of Columbia powers-that-be hired a search firm to vet applicants, conducts its business in total secrecy and we will likely find out who our next leader is when it is announced.

When the then powers-that-were studied the D.C. disciplinary system back in 2005, there was much talk about the need for transparency in consent dispositions. Talk, of course, is cheap.

I have no idea which approach will get you a better Bar Counsel but given the public interest I much favor an open process.

Note: As I was counting up the D.C. Bar Counsel, I noticed for the first time that the first four were named Fred, Tom, Tom and Fred. Len Becker broke the trend.  (Mike Frisch)