Sanction First; Hearing Never

The Maryland Court of Appeals has disbarred an attorney without a hearing based on a federal conviction

This attorney discipline proceeding involves a lawyer who, in the words of the United States Court of Appeals for the Fourth Circuit, “concocted and executed a scheme to launder drug proceeds that he obtained from a client.” United States v. Blair, 661 F.3d 755, 759 (4th Cir. 2011) (per curiam), cert. denied, 567 U.S. 905 (2012). In its opinion disposing of the first appeal in the lawyer’s criminal case, the Fourth Circuit set forth the facts underlying the lawyer’s convictions for money laundering, witness tampering, making a false statement, and willful failure to file a federal income tax return—all of which the Fourth Circuit affirmed. See Blair, 661 F.3d at 759.

According to the Fourth Circuit, Elizabeth Nicely Simpson, a prospective client, told Walter Lloyd Blair, Respondent, a member of the Bar of Maryland, that she possessed a safe that contained drug money belonging to Anthony Rankine, who had operated a large marijuana distribution ring near Richmond, Virginia. See id. at 759-60. Among other things, Blair invented a lie regarding drug money being from a legitimate source, and told Simpson to tell the lie if anyone inquired about the drug money. See id. at 760-61. Without being asked to do so, Blair caused a corporation to be created through which Simpson could buy and sell real estate with the drug money. See id. at 761.

After agents of the Federal Bureau of Investigation (“the FBI”) contacted Simpson to interview her, Blair told Simpson not to tell the FBI agents about the drug money, and to instead talk to the agents only about a car that Simpson had purchased for Rankine. See id. at 762. Blair told Simpson that, if the money came up, she should use the lie that he had made up regarding the money being from a legitimate source. See id.

In a federal court in Virginia, Blair applied for admission pro hac vice to represent one of Rankine’s associates as co-counsel. See id. at 763. In his pro hac vice application, Blair misrepresented that he had never been subject to disciplinary action by a bar association. See id. Contrary to Blair’s application, the Supreme Court of Appeals of West Virginia had previously suspended him from the practice of law in West Virginia based on witness tampering. See id. at 763, 767.

During an investigation of the marijuana distribution ring and money laundering scheme, FBI agents discovered that Blair had failed to file federal income tax returns for two years, including the year in which he had taken some of the money from the safe for himself. See id. at 768, 761.

In the United States District Court for the District of Maryland (“the District  Court”), the United States Attorney’s Office for the District of Maryland filed an indictment against Blair, charging him with: nine counts of money laundering; one count each of witness tampering, obstruction of justice, and making a false statement; and two counts of willful failure to file federal income tax returns. A jury found Blair guilty of all fourteen charges. Blair’s convictions came to Bar Counsel’s attention.

Delay was not a mitigating factor

Blair did not inform Bar Counsel of the Fourth Circuit’s opinion for more than six years, i.e., until after he was released from federal custody. On December 1, 2017, after he had been released from custody, Blair filed the Petition for Reinstatement, in which he advised Bar Counsel for the first time that the Fourth Circuit had affirmed thirteen of his convictions. Within two months of Blair’s notification, on January 30, 2018, Bar Counsel filed the Motion for Final Disposition or, in the Alternative, Further Proceedings, recommending disbarment.

And the court majority found no need to have a hearing

Maryland Rule 19-738(i) contemplates that, where a final judgment of conviction establishes that an attorney committed the serious crime in question, the attorney may introduce evidence or otherwise show cause why discipline should not be imposed. A careful review of our attorney discipline jurisprudence and this attorney discipline proceeding’s unique circumstances makes clear that there is no reasonable basis on which to exercise our discretion to designate a hearing judge for the purpose of determining whether there are any mitigating factors.

To begin, the case for disbarment is overwhelming. “[G]enerally, disbarment is the appropriate sanction for a lawyer’s misconduct where the lawyer commits a crime that establishes that the lawyer is unfit to continue to practice law.” Attorney Grievance Comm’n v. Greenleaf, 438 Md. 151, 170, 91 A.3d 1066, 1077 (2014) (cleaned up). For example, this Court has disbarred: a lawyer who solicited for sexual acts a person whom he believed to be under the age of consent, see id. at 167, 91 A.3d at 1075; a lawyer who obstructed and hindered a law enforcement officer by helping a murder suspect flee the country, see Attorney Grievance Comm’n v. Sheinbein, 372 Md. 224, 249-50, 812 A.2d 981, 995-96 (2002); a lawyer who illegally transported a handgun and committed battery when he abused his spouse and child, see Attorney Grievance Comm’n v. Painter, 356 Md. 293, 307, 305, 739 A.2d 24, 32, 31 (1999); a lawyer who possessed marijuana with the intent to distribute, see Attorney Grievance Comm’n v. Dechowitz, 358 Md. 184, 193, 186, 747 A.2d 657, 661, 658 (2000); a lawyer who committed misprision of a felony,  see Attorney Grievance Comm’n v. Wingerter, 400 Md. 214, 217, 236, 929 A.2d 47, 49, 60 (2007); a lawyer who committed conspiracy to commit immigration fraud, Attorney Grievance Comm’n v. Garcia, 410 Md. 507, 529, 509-10, 979 A.2d 146, 159, 147 (2009); and a lawyer who violated the Sherman Antitrust Act, see Attorney Grievance Comm’n v. Nusbaum, 436 Md. 609, 617, 613, 84 A.3d 98, 103, 101 (2014). Unlike the lawyers in these cases, Blair did not commit only one or two crimes; he committed thirteen. Additionally, of particular significance here, this Court has disbarred “attorneys who have
committed tax-related violations with fraudulent intent.” Attorney Grievance Comm’n v. Worsham, 441 Md. 105, 133, 105 A.3d 515, 531 (2014) (cleaned up). 

And disbarment has been imposed for microwaving a cat as in Attorney Grievance Commission v. Protokowicz

“Ms. Sanders later discovered a fish decoy was missing and subsequently learned that items of jewelry were missing as well. Kerry’s watch was found in the driveway. On Friday, October 18, Ms. Sanders used her microwave oven for the first time since the death of Max. She was defrosting a bagel and smelled the distinct odor of cat. Upon examining the interior of the microwave, she observed cat hair. It was then she realized how Max had died.

“Precisely what happened in the early morning hours of October 14 is not at all clear. The evidence, however, is sufficient to persuade the court that respondent and Mr. Sanders entered the home of Ms. Sanders without authorization, ransacked it, clogged the toilet, stole personal property and killed the family kitten Max. The court rejects respondent’s contention that Max’s death was accidental.

Judge Harrell would grant a hearing before imposing sanction

I dissent, although with the utmost respect for some of the views, reasons, and outcomes expressed in the Majority opinion. For example, I concur that Respondent’s Petition for Reinstatement (Misc. Docket AG No. 44) should be denied, if for no other reasons than Blair’s failure to comply with the information – sharing requirements of Md. Rule 19-751(c) and (d). That being said, I disagree with the Majority opinion’s rush-to-judgment in disbarring Blair, at least at this point in the proceedings under Misc. Docket AG No. 83. I submit that additional fact-finding may be required before a final sanction is imposed. I would remand No. 83 to a judge of the Circuit Court for Prince George’s County for an evidentiary hearing limited to the accepted factors of sanction mitigation (as identified in the Majority opinion at 25) for why, if at all, the sanction appropriate for
Blair’s misconduct should be less than disbarment.  The judge hearing this matter should make credibility assessments of any witnesses marshalled by Blair and render written findings of fact (and, as may be appropriate, conclusions as to the legal relevance of any evidence offered on any proper mitigation factor).

Judges Adkins and Raker agreed.

The District of Columbia Court of Appeals summarily disbarred him in 2012.

Unlike Maryland, D.C. automatically disbars an attorney for any felony conviction that involves moral turpitude per se. (Mike Frisch)