Attorney Grievance Commission v. Miles
Attorney Grievance Commission v. Miles
Opinion of the Court
delivered the opinion of the Court.
In January 1976, petitioner Attorney Grievance Commission of Maryland filed in this Court a petition for disciplinary action against respondent Stephen L. Miles, a member of the bar of Maryland since 1969. The petition was predicated upon three charges of professional misconduct: (i) that Miles, in concert with Robert Frank, a former member of the Maryland bar, in June of 1973 had destroyed a tape
In February 1976, as provided by Maryland Rule BV9, we referred the matter for hearing and determination to a three-judge panel consisting of The Honorable Shirley B. Jones of the Eighth Judicial Circuit, The Honorable Edward D. Higinbothom of the Third Judicial Circuit, and The Honorable Martin A. Kircher of the District Court of Maryland. After an evidentiary hearing, the panel filed its Findings and Recommendation. It concluded in respect to the first charge, the “tapes matter,” that while there was no question that Miles and Robert Frank had destroyed the tape, there was no credible evidence that Miles knew or should have known at the time the tape was destroyed that it was being sought by the Grand Jury. Regarding the second charge, “the Harrington matter,” the panel concluded
Miles excepted to the recommendation of the three-judge panel, and his exceptions were considered by this Court on October 22, 1976. By then, there had become available, as a result of criminal proceedings in the United States District Court for the District of Maryland involving the bombing of an automobile belonging to one Joseph Dobb, information that Norman Portney was implicated in an attempt to extort $2,000 from Dobb in return for the identification of his assailant. We granted Miles’ motion that the disciplinary case be remanded to the three-judge panel for consideration in the light of the newly discovered evidence, and ordered a remand “for further proceedings including the consideration of such additional evidence as may be introduced by counsel
After an evidentiary hearing, the panel filed its second Findings and Recommendation, noting that no additional evidence had been presented regarding either the tapes matter or the Harrington matter. As a consequence, the panel reaffirmed the factual determinations set forth in its original Findings and Recommendation as to both charges. With respect to the Portney matter, the panel concluded that the additional evidence presented at the hearing on remand “cast considerable doubt on the validity of the testimony of Norman Portney,” found that “his reputation for veracity ha[d] been impugned” and concluded that “allegations as to the Portney matter ha[d] not been established by clear and convincing evidence.” The panel renewed its recommendation that the charges in the tapes matter be dismissed. It also recommended that the charges in the Portney matter, in view of the new evidence, be dismissed, and that Miles be reprimanded for his conduct in the Harrington matter.
Exceptions to the second Findings and Recommendation were filed by both parties. On the one hand, Miles objected to the recommendation that he be reprimanded for his participation in the Harrington matter. On the other hand, the Commission excepted to the finding that Norman Portney’s credibility had been impugned, and to the recommendation that Miles be reprimanded, a sanction which the Commission wished to elevate to disbarment or suspension. Bar Counsel did not, however, object to the recommendation in the tapes matter, and in fact requested that those charges be dismissed.
Under the circumstances, we are quite satisfied to accept the panel’s recommendation that the charges in the Portney matter be dismissed. We agree that the credibility of Norman Portney has been impugned, and that without his testimony, the charges are not supported by clear and convincing evidence, as required by Rule BV10 d. See Maryland State Bar Ass’n v. Hirsch, 274 Md. 368, 374, 335 A. 2d 108, 112, cert. denied, 422 U. S. 1012 (1975); Maryland State Bar Ass’n v. Frank, 272 Md. 528, 538-39, 325 A. 2d 718,
Since we find no reason to reject the panel’s recommendation that the charges in the tapes and Portney matters be dismissed, and since we conclude there is no evidence to support the charges upon which the panel’s recommendation in the Harrington matter is based, the petition against Miles must be dismissed.
It is so ordered.
. For somewhat more detailed versions of the incident, see Maryland State Bar Ass’n v. Hirsch, 274 Md. 368, 372-73, 335 A. 2d 108, 110-11, cert. denied, 422 U. S. 1012 (1975); Green v. State, 25 Md. App. 679, 682-84, 337 A. 2d 729, 731-32, cert. denied, 275 Md. 749 (1975); Irvin v. State, 23 Md. App. 457, 459-60, 328 A. 2d 329, 331-32 (1974), aff'd, 276 Md. 168; 344 A. 2d 418 (1975).
. Those pertinent subsections provide that a lawyer shall not:
(3) Engage in illegal conduct involving moral turpitude.
(4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
(5) Engage in conduct that is prejudicial to the administration of justice.
(6) Engage in any other conduct that adversely reflects on his fitness to practice law.
. That rule reads: “A lawyer shall not state or imply that he is able to influence improperly or upon irrelevant grounds any tribunal, legislative body, or public official.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.