Justia Maryland Supreme Court Opinion Summaries

The Court of Appeals agreed with the recommendation of the Maryland Commission on Judicial Disabilities that the Court issue an order removing Amy Leigh Nickerson, a judge of the Orphans' Court for Kent County, holding that Judge Nickerson's conduct violated several provisions of the Maryland Code of Judicial Conduct and that her removal from office was appropriate.The Commission's investigative counsel filed charges against Judge Nickerson originating from allegations of sanctionable conduct arising from a traffic stop of Judge Nickerson that resulted in her arrest. Further, the Commission directed its investigative counsel to investigate a previous outstanding tax lien and judgement entered against Judge Nickerson in favor of the Maryland Comptroller. Judge Nickerson consented to the disposition of the investigations through the entry of a conditional diversion agreement (CDA) and reprimand. When Judge Nickerson failed to satisfy the terms and conditions, the Commission revoked the CDA and recommended that the Court issue an order removing Judge Nickerson from office. The Court of Appeals determined that Judge Nickerson's removal from office was the only outcome that would preserve the integrity of the judiciary, discourage others from engaging in similar conduct, and assure the public that the judiciary will not abide judicial misconduct. View "In re Judge Nickerson" on Justia Law

The Court of Appeals suspended Respondent, the Honorable Devy Patterson Russell, for six months without pay from her service as a judge of the district court and set conditions precedent to Respondent's reinstatement of her duties as a judge, holding that the Maryland Commission on Judicial Disabilities' conclusion that Respondent committed sanctionable conduct was supported by clear and convincing evidence.In addition to other misconduct, Respondent failed to handle and process search warrant materials in a manner consistent with Maryland Rule 4-601 and internal courthouse procedures and failed to treat fellow judges and courthouse staff with dignity and respect. The Commission found that Respondent engaged in misconduct and recommended that she be suspended for six months without pay and that she take remedial measures to assist her when she returned to her duties. The Supreme Court agreed that Respondent committed sanctionable conduct and suspended her for six months without pay. View "In re Judge Russell" on Justia Law

At issue was whether Honorable Mary C. Reese’s actions in two cases constituted sanctionable conduct under court rules and the circumstances presented.Judge Reese presided over two hearings at which Petitioners sought a protective order and a peace order. Judge Reese’s conduct during these hearings formed the basis of the complaints for judicial misconduct. The Commission of Judicial Disabilities determined that Judge Reese committed sanctionable conduct while presiding over the peace order hearing. The Court of Appeals disagreed with the Commission’s conclusion and dismissed the matter with prejudice, holding that Judge Reese’s exercise of judicial discretion did not constitute sanctionable conduct or violate Maryland Rule 18-101.1 or 18-102.5(a). View "In re Honorable Mary C. Reese" on Justia Law

Although the Maryland Commission on Judicial Disabilities violated applicable Maryland Rules in proceedings against Judge Pamela J. White, the violations did not ultimately deprive Judge White of a fundamentally fair proceeding.In 2015, the Commission concluded that probable cause existed to believe that Judge White had committee sanctionable conduct and filed public charges against Judge White. The Commission later publicly reprimanded Judge White by unanimous vote, concluding that Judge White violated the Maryland Code of Judicial Conduct. On appeal, Judge White alleged that the Commission denied her procedural due process. The Court of Appeals disagreed, holding that although the proceeding before the Commission contained several mistakes, Judge White received the fundamental due process protections under the Maryland Constitution and the Maryland Rules. View "In re Honorable Pamela J. White" on Justia Law

After an investigation, the Commission on Judicial Disabilities found by clear and convincing evidence that Judge Pamela J. White had committed sanctionable conduct and that a public reprimand was the appropriate disposition under the circumstances. Judge white filed with the Court of Appeals an appeal and, in the alternative, a petition for writ of certiorari, seeking to have the Court review whether the Commission had denied her procedural due process and whether the Commission had erred in finding sanctionable conduct and reprimanding her. The Commission filed a motion to dismiss. The Court ordered that the matter be set for a show cause hearing for the limited purpose of addressing whether the Court of Appeals had jurisdiction to decide whether Judge White was denied procedural due process during the Commission proceedings. The Court of Appeals entered an order holding (1) this Court has authority to consider Judge White’s arguments as to whether the Commission proceeding accorded her with the due process required by the State Constitution and the Maryland Rules; but (2) the Court was not able at this time to conduct that review. View "In re Judge Pamela J. White" on Justia Law

White, a member of the Bar of Maryland, represented Fleming and Sewell, while under a Conditional Diversion Agreement (CDA) with Bar Counsel for prior misconduct involving mismanagement of her attorney trust account. The CDA was amended, then subsequently revoked due to non-compliance. The Attorney Grievance Commission filed a Petition for Disciplinary or Remedial Action, based upon White’s representation of Fleming and Sewell, non-compliance with the CDA, and the mishandling of her trust account. Bar Counsel alleged that White violated Maryland Lawyers’ Rules of Professional Conduct: Rule 1.1 (Competence), Rule 1.3 (Diligence), Rule 1.4(a) and (b) (Communication), Rule 1.15(a) and (d) (Safekeeping Property); 1.16(d) (Declining or Terminating Representation); 8.1(a) and (b) (Bar Admission and Disciplinary Matters); and Rule 8.4(a), (c), and (d) (Misconduct). Bar Counsel also alleged that she violated Maryland Rules 16-606.1 (Attorney Trust Account Record-Keeping), 16-607 (Commingling of Funds), 16-609 (Prohibited Transactions), and Md. Code 10-306 of the Business Occupations & Professions Article (Misuse of Trust Money). White attributed her actions to illness, recuperation after surgery, and difficulties experienced as caretaker of her mother until her death. A hearing judge found multiple violations. Bar Counsel requested indefinite suspension with the right to apply for readmission after six months. The Maryland Court of Appeals agreed. View "Attorney Grievance Comm'n of Md. v. White" on Justia Law

Wife and Husband married in 2003. In 2005 and 2008, Wife and Husband executed marital settlement agreements. In 2009, Husband filed a complaint for divorce, alleging that the separation agreements were voidable at his demand. In support of his demand, Husband argued that the attorney, who earlier assisted the Wife in obtaining permanent resident status and in the United States and largely served as scrivener to the settlement agreements, violated the Maryland Lawyers’ Rules of Professional Conduct by failing to obtain Husband’s informed consent to her representation of Wife in connection with the two settlement agreements. The circuit court held that the separation agreements were not voidable and entered a judgment of absolute divorce in which the separation agreements were incorporated. The intermediate appellate court affirmed. The Court of Appeals affirmed, holding that sufficient grounds to render the agreements voidable were not present in this case. View "Li v. Lee" on Justia Law

Stillwell, admitted to the Maryland Bar in 1989, met the complainant, Akojie, a Maryland licensed real estate agent, in 2009 at a seminar he presented. In 2010 the two entered into a legal services agreement that involved formation of an LLC and transfer of assets from another business. Akojie gave Stillwell a personal check for $2,000, payable to him; Stillwell deposited the check in his personal checking account, rather than in his attorney trust account. Stillwell did not have an active attorney trust account. Stillwell’s communication with Akojie and work on the matters for which he was retained were “sporadic.” Akojie expressed her frustration with attempting to reach him and terminated the representation and requested a refund. He did not provide a refund until after he received notification of Akojie’s grievance. The Attorney Grievance Commission filed a petition for disciplinary or remedial action alleging violations of the Maryland Rules of Professional Conduct: 1.3, Diligence, 1.4, Communication, 1.15. The Maryland Supreme Court imposed a sanction of indefinite suspension fro the practice of law. View "Attorney Grievance v. Stillwell" on Justia Law