Maryland My Maryland

The Baltimore Sun reported on the recent resignation of Maryland Bar Counsel

Days before her resignation became public, the state’s best-known ethics attorney faced difficult questions from Maryland Supreme Court Justice Shirley Watts. Mainly: Did she create a conflict of interest?

Attorney Grievance Commission Counsel Lydia Lawless, an appointed attorney with investigative and prosecuting powers who oversees attorneys’ conduct, was in court on February 2 to argue against an appeal over whether attorney and long-term contender Marylin Pierre died Violated [sic]  Maryland Rules of Conduct for Attorneys. Lawless believed she had, and a judge in Anne Arundel District Court concurred.

But Watt’s questioning for Lawless was less about Pierre’s alleged violations and more about whether Lawless used her position to support the political campaigns of four sitting Montgomery County judges.

Lawless’ resignation on January 31, effective March 17, was publicly announced on Monday. Lawless said in text messages sent to The Baltimore Sun on Monday that she was not asked to resign and that she was “exploring options.”

Lawless, the Attorney Grievance Commission, and Pierre’s attorney all declined to comment on the article. A request for clarification as to when the Attorney Grievance Commission actually received Lawless’ resignation, either on Jan. 31 or after Watts raised questions about a possible conflict of interest, went unanswered.

“If we really want to discredit our profession, there is nothing better you could do than look at a case where a government official is forcing herself into an ongoing election without urgent circumstances,” Pierre’s attorney, Irwin Kramer, said in court.

At 3:58 p.m. on August 28, 2020, the campaign for the four Montgomery County judges sent a mass email with the subject line: “Lawyers and the Urgent Need for Action.”

The message, written by attorney and campaign manager Stephen McAuliffe III, accused Pierre of lying about her record, misrepresenting her experiences and behaving dishonestly when she first became a lawyer in the late 1990s. It is not clear if Stephen McAuliffe and Judge Michael McAuliffe are related.

Less than an hour later, Lawless, who is a member of the Montgomery County Bar, responded to Stephen McAuliffe, writing, “I have opened an investigation under Maryland Rule 19-711(a) to determine whether Ms. Pierre violated the ethics rules.” of Maryland.”

Lawless asked Stephen McAuliffe to provide the source of information for his claims and the identity of anyone who could provide more details.

Watts questioned on February 2 whether Lawless was correct in reacting so quickly and considering campaign literature as a legitimate form of complaint.

“Could these circumstances give rise to an actual conflict or the appearance of a conflict that judicial means are used to interfere with the selection of sitting judges?” Watts asked.

Maryland law required Lawless to verify the claims, she said, and the reason she stayed in touch with the campaign asking for the remaining information was so she could conduct her own verification.

“Your Honor, I do not believe there is an actual conflict of interest or the appearance of a conflict of interest,” Lawless said.

Lawless argued in court that these investigations were confidential, noting that the existence of the investigation against Pierre only became public knowledge after the November 2020 election. Pierre was made aware of the investigation in early September of that year, Lawless said.

In her first email to McAuliffe, Lawless wrote that under state law the investigation into Pierre is confidential and asked him to respect that. In a reply email, McAuliffe said he would not disclose the existence of the investigation without her permission, but questioned whether the rules of non-disclosure apply to him sharing it with candidates.

“I have a question about whether the non-disclosure order extends to Justices Berry, Boynton, Fogleman and McAuliffe, who make up the list,” he wrote.

The four justices appointed by former Republican Gov. Larry Hogan — Michael McAuliffe, Bibi Berry, David Boynton and Christopher Fogleman — all won their elections. not Pierre.

The judges also successfully obtained an injunction against Pierre in the run-up to the election, preventing her or any of her deputies from claiming that she was a judge during the campaign.

In November, Anne Arundel District Judge Donna Schaeffer issued a 54-page judgment finding that Pierre had repeatedly violated the Maryland Rules on Attorney Conduct and that she had lied about her records and legal experience .

The Maryland Supreme Court is expected to rule in Pierre’s case in the coming weeks or months.

(Mike Frisch)