Attorney Grievance Commission of Maryland v. Alphonzo Jerome Butler, 395 Md. 1

Summary

The Court of Appeals of Maryland held that Alphonzo Jerome Butler violated multiple Maryland professional-conduct rules, Maryland attorney-trust-account rules, and statutory provisions by intentionally misappropriating client funds, using the trust account for personal and business expenses, and failing to respond to Bar Counsel. Finding no exceptions or compelling mitigating circumstances, the court imposed disbarment and assessed costs against Butler.

Holdings

1. When no timely exceptions are filed, the Court may treat the hearing judge's factual findings as established for purposes of determining the appropriate sanction; the Court reviews legal conclusions essentially de novo.
2. An attorney violates MRPC 1.15(a), Maryland Rules 16-607 and 16-609, and Maryland Business Occupations and Professions Article § 10-306 by failing to maintain client funds in an attorney trust account and using those funds for personal or unauthorized purposes.
3. A lawyer violates MRPC 8.1(b) by knowingly failing to respond to lawful demands for information from a disciplinary authority.
4. Intentional misappropriation of client funds constitutes professional misconduct involving dishonesty and conduct prejudicial to the administration of justice, violating MRPC 8.4(a), (b), (c), and (d).
5. Intentional misappropriation of client funds, absent compelling extenuating circumstances, warrants disbarment.

Questions Presented

1. Whether the hearing judge's findings of fact and conclusions of law should be accepted when neither party filed exceptions.
2. Whether Butler violated Maryland professional-conduct rules, Maryland attorney-trust-account rules, and the Maryland Business Occupations and Professions Article by misappropriating client funds, using the trust account for personal and business expenses, and failing to respond to Bar Counsel.
3. What sanction was appropriate for Butler's intentional misappropriation of client funds and related misconduct.

Disposition

other