The 22-page “Petition for Disciplinary or Remedial Action,” which accuses Pierre of misstatements going back to 1999 and could cost Pierre her law license, shows that the controversy over her candidacy remains. She appears to be gearing up for another run for judge, according to her campaign Facebook page and website. It would again play out amid the complicated way Maryland chooses judges that involves a mix of local vetting committees, governor appointments and what amounts to voter-approval elections that can include candidates who weren’t nominated but want to be judges.
Monday, January 30, 2023
Kramer V. Not Kramer
An interesting argument scheduled for this Thursday at 10 am before the Maryland Supreme Court
AG No. 42 (2021 T.) Attorney Grievance Commission of Maryland v. Marylin Pierre
Justice Battaglia (Retired Justice, Specially Assigned) will sit in place of Justice Gould.
Attorney for Petitioner: Lydia E. Lawless
Attorney for Respondent: Irwin R. Kramer
The Washington Post reported on the charges
Pierre declined to comment on the allegations.
But Irwin Kramer, a Maryland attorney who has represented lawyers in disciplinary cases for more than 25 years, said the state’s highest court has previously declined to penalize judicial candidates for statements made during campaigns that would be accepted in other political races. This should hold true even for exaggerations or relatively minor misstatements, Kramer said.
Pierre, who for years has unsuccessfully sought judgeships, said that attacks on her were part of the legal establishment’s desire to keep outsiders off courtroom benches.
“Every time they say I am not qualified,” she said last year, according to a video posted on her campaign Facebook page, “what they’re actually saying is that they are the ones who are the gatekeepers, and they do not want me to get past the gate. . . . So I am hoping that the voters will see how important this race really is and allow me in.”
The four incumbent judges — or “sitting judges” — banded together as a slate, stressing how they had been vetted through the traditional nominating process. In the general election, on Nov. 3, 2020, they captured the most votes, besting Pierre, who remained a lawyer
“The Respondent’s statements that ‘[m]ost of [the sitting judges] have worked at the same law firm, go to the same church, and are related by marriage’ were knowingly and intentionally false or made with reckless disregard as to their truth or falsity and impugned the integrity of the sitting judges,” it said.
The counsel’s petition also accused Pierre of “knowingly and intentionally” misrepresenting statements made by incumbent Judge Bibi Berry at a virtual forum hosted by AfriqueToday when Berry was asked about the high incarceration rates for Black men in Maryland.
“Hi [voter], this election matters. When a sitting judge says ‘it’s not much of an issue’ that Black males are jailed at a higher rate in MD it’s clear we need Marylin Pierre, who understands restorative justice. Can we count on your support?”
According to published Bar Counsel rules, after allegations are filed in the Court of Appeals, which is the state’s highest court, the court assigns the case to a local judge for a fact-finding hearing. The matter is then transmitted back to the Court of Appeals, and it decides on any punishment.
https://lawprofessors.typepad.com/legal_profession/2023/01/kramer-v-not-kramer.html