Attorney Discipline Did Not Prejudice Criminal Defendant

In an unreported opinion, the Maryland Appellate Court affirmed a theft conviction, holding that evidence of the defendant’s related disbarment was admissible and not unduly prejudicial

In evaluating whether evidence invades the province of the jury, it must be considered in “the context in which it was used.” Tyner v. State, 417 Md. 611, 617 (2011). Here, the evidence admitted was historical facts, including that appellant was disbarred. The rationale was not provided, and the jury knew that the issues in the AGC case and the criminal case were different, and that appellant’s disbarment was his penalty for violating the MARPC, not punishment for any criminal behavior. Therefore, the evidence admitted did not invade the province of the jury on the issues before it.

The offense

On June 11, 2021, a jury in the Circuit Court for Montgomery County convicted appellant, Jonathan David Robbins, of multiple counts of theft and related offenses committed in the course of legal representation for his now-deceased elderly client, Helen Nutt.

The evidence

Paul Kemp, an attorney and an expert in attorney discipline, testified that he reviewed the materials related to appellant’s AGC case in preparation for his testimony. Mr. Kemp explained that the AGC’s role is “to administer the Rules of Professional Conduct for attorneys” and oversee the investigation and prosecution of an attorney subject to discipline. The Supreme Court, however, makes the final decision whether to discipline the attorney. Mr. Kemp described the attorney discipline process from the AGC to the Supreme Court. With respect to appellant’s failures to comply with the MARPC, appellant charged excessive and inappropriate fees for functions that required no charge. For example, he charged a rate of $500 per hour for “administrative” functions, such as receiving and reviewing emails. He also engaged in conflicts of interest by self-dealing Mrs. Nutt’s funds to defend against his matters with the AGC and the CPD.

CPD is the state Consumer Protection Division. (Mike Frisch)