February 17, 2010
No Basis For Lesser Sanction
In a matter that had its origins in discipline imposed in New York in 1997, the Maryland Court of Appeals rejected a plea for more a "different and more lenient sanction" as reciprocal discipline and imposed an indefinite suspension with reinstatement conditioned upon reinstatement in New York. The court acknowledged that the New York record with respect to the original suspension was sparse, but noted that New York had denied his petition for reinstatement in 2003 that was denied. Later, bar charges resulted in findings that he had neglected the appeal of a murder conviction and accepted a retainer that he converted for his own use. A three-year suspension with fitness was imposed nunc pro tunc. Reinstatement petitions have been denied after the order of suspension.
The court here found no basis to impose a lesser sanction than New York and concluded that an indefinite suspension was the equivalent discipline. (Mike Frisch)
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