Alabama State Bar v. Tipler
Alabama State Bar v. Tipler
Opinion
The Alabama State Bar appeals from the reversal by the Alabama State Bar Board of Disciplinary Appeals of the Disciplinary Board and the Disciplinary Commission's order disciplining James Harvey Tipler. We reverse and remand.
Because Tipler's answers to the trial court's questions during the inquiry concerning the videotape suggested that he had committed perjury, the trial court initiated a civil-contempt proceeding against Tipler. The Covington County District Attorney, Eugenia Loggins, also brought a criminal charge against Tipler. Based on Tipler's attempt to introduce the edited tape, the grand jury indicted Tipler for the crime of first-degree perjury, a class C felony.1 On the day of the trial, Tipler and the district attorney entered into a plea agreement. Pursuant to the agreement, Tipler pleaded guilty to interfering with judicial proceedings, a class B misdemeanor. See §
The general counsel of the Alabama State Bar petitioned the Disciplinary Board pursuant to Rule 22(a)(2), Ala. R. Disc. P., for a determination as to whether Tipler's conviction involved a "serious crime" as that term is defined in Rule 8(c)(2), Ala. R. Disc. P. If it did, Rule 22(a)(2) requires the Disciplinary Commission to suspend or disbar Tipler from the practice of law. The Disciplinary Board held a hearing at which District Attorney Loggins, two attorneys who defended Tipler in the criminal case against him, and Tipler testified. Although the Disciplinary Board did not allow Tipler to relitigate the merits of the underlying criminal charge against him, it did allow the State Bar and Tipler to establish the circumstances under which Tipler pleaded guilty to interfering with judicial proceedings. The Disciplinary Board found that Tipler had been convicted of a "serious crime" within the meaning of Rule 8(c)(2) and Rule 22(a)(2), Ala. R. Disc. P. Tipler appealed the decision to the Board of Disciplinary Appeals of the Alabama State Bar, which dismissed Tipler's appeal.
The Disciplinary Commission then set a hearing to determine the appropriate disciplinary action to take pursuant to Rule 22(a)(2), Ala. R. Disc. P. Before the hearing date, Tipler appealed to this Court, and the hearing was continued. The State Bar moved to dismiss the appeal, and this Court granted the motion. Tipler v. Alabama State Bar (No. 1011928, Sept. 9, 2002). After the hearing, the Disciplinary Commission imposed a 120-day suspension.
Tipler appealed the orders of the Disciplinary Board and the Disciplinary Commission to the Board of Disciplinary Appeals. After oral argument, the Board of Disciplinary Appeals reversed the order of the Disciplinary Board finding that Tipler had been convicted of a "serious crime" and the order of the Disciplinary Commission that imposed the 120-day suspension.
The Board of Disciplinary Appeals held that although Tipler had been convicted of "interfering with judicial proceedings," a misdemeanor, his conduct was not tantamount to "interference with the administration of justice" as required under Rule 8(c)(2)(C), Ala. R. Disc. P., for a crime less than a felony and not involving moral turpitude to be considered a "serious crime." In particular, the Board of Disciplinary Appeals held that Rule 22(a)(2), Ala. R. Disc. P., does not contemplate imposing mandatory discipline for an attorney's actions that were later held to amount essentially to criminal contempt. The Board of Disciplinary Appeals concluded that the slight delay of Tipler's trial and the imposition of additional work and resources on the trial court could not be considered an "interference with the administration of justice."3 On these bases, the Board of *Page 1240 Disciplinary Appeals reversed the orders of the Disciplinary Board and of the Disciplinary Commission.
The State Bar appeals; we reverse and remand.
"(a) The Disciplinary Commission shall disbar or suspend a lawyer:
". . . .
"(2) If the lawyer's conviction for a `serious crime,' as defined in Rule 8 of these Rules, has become final, regardless of the plea, in any court of record of this state or any other state, or of the United States, or of a territory of the United States. The record of his . . . conviction or a copy thereof certified and authenticated in the manner authorized by law is conclusive evidence of such conviction. Whether a lawyer's conviction involves a serious crime as defined in Rule 8(c)(2)(B), (C), and (D) shall be made by the Disciplinary Board upon petition by the General Counsel. . . ."
Rule 8(c)(2), Ala. R. Disc. P., provides:
"A `serious crime' is defined as:
"(A) A felony;
"(B) A lesser crime involving moral turpitude;
"(C) A lesser crime, a necessary element of which, as determined by the statutory or common law definition of such crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, extortion, misappropriation, or theft; or
"(D) An attempt, a conspiracy, or the solicitation of another to commit a `serious crime.'"
The dispositive issue in this case is whether Tipler's conviction pursuant to §
The Board of Disciplinary Appeals examined the degree of "seriousness" of Tipler's crime in reaching its conclusions; *Page 1241 however, the Board of Disciplinary Appeals is not free to examine the degree of "seriousness" of the crime. Rather, it is required to consider only the necessary elements of the crime when determining whether the crime falls within the definition of a "serious crime" found in Rule 8(c)(2)(C), Ala. R. Disc. P.
This Court has held that "`plain language in a statute should be considered to mean what it says.'" Pate v. Bobo,
Rule 8(c)(2)(C) defines a crime as a "serious crime" if the necessary elements of the statutory definition of the crime involve "interference with the administration of justice." Subdivision (a)(1) of the statute under which Tipler pleaded guilty, §
"(a) A person commits the crime of interfering with judicial proceedings if:
"(1) He engages in disorderly, contemptuous or insolent behavior, committed during the sitting of a court in its immediate view and presence, and directly tending to interrupt its proceedings or impair the respect due its authority. . . ."
A crime of "interfering with judicial proceedings" necessarily involves an "interference with the administration of justice" because the impairment of the judicial proceeding affects the administration of justice. Thus, a crime under §
The Board of Disciplinary Appeals expressed concern that, if the action of the Disciplinary Board and the Disciplinary Commission was allowed to stand in this case, an attorney may be sanctioned for any act that may constitute "criminal contempt." However, Rule 22, Ala. R. Disc. P., requires a mandatory sanction only when the attorney is convicted of a "serious crime." Although the court has the inherent power to impose contempt, Exparte Boykin,
Finally, Tipler argues that he was not accorded his due-process rights to fair notice and the opportunity to be heard in a meaningful way. We agree with the Board of Disciplinary Appeals' holding that the "record reflects that [Tipler's *Page 1242
hearing before the Disciplinary Board] was extensive and broad ranging" and that the hearing "conformed with the requirements . . . in Huckaby v. Alabama State Bar,
REVERSED AND REMANDED.
NABERS, C.J., and HOUSTON, LYONS, BROWN, HARWOOD, WOODALL, and STUART, JJ., concur.
"(a) A person commits the crime of perjury in the first degree when in any official proceeding he swears falsely and his false statement is material to the proceeding in which it is made.
"(b) Perjury in the first degree is a Class C felony."
"(a) A person commits the crime of interfering with judicial proceedings if:
"(1) He engages in disorderly, contemptuous or insolent behavior, committed during the sitting of a court in its immediate view and presence, and directly tending to interrupt its proceedings or impair the respect due its authority. . . ."
"We have concluded that . . . the [Disciplinary] Board erred in determining that this conviction was a serious crime.
"While the misdemeanor is entitled `interfering with judicial proceedings,' §
13A-10-130 Code of Alabama [1975], we do not believe that the conduct, and subsequent plea, with which we are presented here meet the requirement of Rule 8(c)(2)(C) that it involves `interference with the administration of justice.' (emphasis supplied). To accept the Bar's position in this case would mean that any time a lawyer committed acts during a trial, which later were ruled to be criminal contempt, would also expose that attorney to the risk of suspension and disbarment. We believe such a result is outside the intent of Rule 22(a), [Ala. R. Disc. P.]."Tipler's acts did result in some delay in the case being submitted to the jury and imposed some additional work on the trial court in making an evidentiary review and ruling, as well as the subsequent contempt proceedings. We cannot conclude that this slight delay, or imposition on the trial court's resources, under these circumstances had any impact upon the trial itself or its outcome, and thus we find no interference with the administration of justice."
Reference
- Full Case Name
- Alabama State Bar v. James Harvey Tipler.
- Cited By
- 6 cases
- Status
- Published