WATTS, J.
This attorney discipline proceeding concerns a Maryland lawyer who purchased and gave a handgun to a person who could not legally possess a regulated firearm.
The State charged Sandra Lynn Reno ("Reno"), Respondent, a member of the Bar of Maryland, with violating the statute that is currently codified as Md.Code Ann., Pub. Safety (2003, 2011 Repl. Vol., 2013 Supp.) ("PS") § 5-144.
On March 19, 2013, in this Court, the Commission, through Bar Counsel, filed a "Petition for Disciplinary or Remedial Action" against Reno, charging her with violating Maryland Lawyers' Rule of Professional Conduct ("MLRPC") 8.4 (Misconduct). On March 22, 2013, we referred the attorney discipline proceeding to the Honorable Jane Cairns Murray ("the hearing judge") of the Circuit Court for Cecil County. On September 4, 2013, the hearing judge conducted a hearing. On October 25, 2013, the hearing judge filed in this Court an opinion including findings of fact, and conclusions of law indicating that Reno did not violate MLRPC 8.4(b) (Criminal Act), 8.4(c) (Dishonesty, Fraud, Deceit, or Misrepresentation), 8.4(d) (Conduct Prejudicial to the Administration of Justice), or 8.4(a) (Violating MLRPC).
On November 8, 2013, in this Court, the Commission filed a "Notice of Dismissal," requesting that this Court dismiss the attorney discipline proceeding. On December 10, 2013, we heard oral argument. For the below reasons, we: decline to dismiss the attorney discipline proceeding; conclude that Reno violated MLRPC 8.4(d) and 8.4(a); and give the parties an opportunity to recommend sanctions.
In her opinion, the hearing judge found the following facts, which we summarize.
On December 19, 1991, this Court admitted Reno to the Bar of Maryland. In 2002, Reno began practicing criminal law at the Law Offices of Jim Baldwin.
On or about February 18, 2004, Cortney Stevens was convicted of possession of a controlled dangerous substance other than marijuana. In 2005, Reno met Stevens and later served as his lawyer. In 2008, while represented by someone other than Reno, Stevens was convicted of making a false prescription. Sometime before 2010, Stevens informed Reno "that he had a prior drug charge for which he received probation before judgment." "Stevens also informed [Reno] of a prescription forgery charge."
On or about September 14, 2010, Stevens visited Chesapeake Guns, a firearms store in Stevensville. At Chesapeake Guns, Stevens completed an application to buy a .45 caliber 1911 handgun. In a letter dated September 22, 2010, the Firearms Registration Section of the Maryland State Police informed Stevens that his application had been disapproved. The letter did not include the reasons for Stevens's application's disapproval. Reno learned of the letter and testified that she thought that the reason for Stevens's application's disapproval was "a minor issue such as a failure [by] Stevens to have paid a fine."
On November 6, 2010, Reno visited On Target, a firearms store in Severn. At On Target, Reno obtained a .45 caliber 1911 handgun ("the handgun"). Reno immediately transported the handgun to Stevens's
On November 16, 2010, at her home, Reno was visited by Corporal Marcus Jackson and Senior Trooper First Class Ryan List ("the troopers") of the Gun Enforcement Unit of the Maryland State Police. The troopers told Reno that they were conducting a handgun investigation. Reno "escorted the troopers to [] Stevens'[s home] and retrieved the" handgun, which the troopers confiscated.
Sometime between November 4, 2011, and November 16, 2011, Reno learned that the State had charged her with violating the statute that is currently codified at PS § 5-144. On February 28, 2012, in the Circuit Court for Anne Arundel County, Reno pled not guilty and joined the agreed statement of facts. The Circuit Court for Anne Arundel County granted Reno probation before judgment. Sometime before October 21, 2013, the records of Reno's criminal case were expunged.
At the hearing in this attorney discipline proceeding, as a witness for the Commission, Reno testified:
(Emphasis added).
In her opinion, the hearing judge stated: "The evidence ... merely shows a set of circumstances that [Reno]
In an attorney discipline proceeding, this Court reviews for clear error a hearing judge's findings of fact, and reviews without deference the hearing judge's conclusions of law. See Md. R. 16-759(b)(2)(B) ("The Court shall give due regard to the opportunity of the hearing judge to assess the credibility of witnesses."); Attorney Grievance Comm'n v. Mahone, 435 Md. 84, 104, 76 A.3d 1198, 1210 (2013) ("[A] hearing court's findings of fact will not be overruled unless we determine that they are clearly erroneous." (Citation omitted)); Md. R. 16-759(b)(1) ("The Court of Appeals shall review de novo the circuit court judge's conclusions of law.").
Neither party excepts to any of the hearing judge's findings of fact. We, therefore, "treat the findings of fact as established[.]" Md. R. 16-759(b)(2)(A).
Neither party excepts to any of the hearing judge's conclusions of law. "Ordinarily, we will not look for additional violations where [the Commission] file[s] no exceptions." Attorney Grievance Comm'n v. Dore, 433 Md. 685, 707, 73 A.3d 161, 174 (2013). Nonetheless, here, clear and convincing evidence persuades us to reverse the hearing judge's conclusion that
Reno negatively impacted the public's perception of the legal profession through committing an illegal act. As the hearing judge found, it is undisputed that Reno gave the handgun (i.e., a regulated firearm)
That finding of fact — that Reno did not knowingly participate in transferring the handgun — does not preclude us from determining that Reno violated PS § 5-134(b)(2),
First, in Reno's criminal case, based on the agreed statement of facts that Reno joined, the Circuit Court for Anne Arundel County found, beyond a reasonable doubt, that Reno had violated PS § 5-144(a)(1) by
Second, independent of the findings of the Circuit Court for Anne Arundel County, Stevens's statements to Reno, credited in the hearing judge's findings of fact, provided reasonable cause to believe that Stevens had been convicted of a disqualifying crime. The hearing judge found that: (1) Stevens informed Reno "that he had a prior drug charge for which he received probation before judgment"; and (2) "Stevens also informed [Reno] of a prescription forgery charge." Even if Stevens did not tell Reno that he had been convicted of possession of a controlled dangerous substance other than marijuana and making a false prescription, it was incumbent upon Reno to ask Stevens whether one or both charges resulted in convictions
It is abundantly clear that Reno violated MLRPC 8.4(d), which provides: "It is professional misconduct for a lawyer to ... engage in conduct that is prejudicial to the administration of justice[.]" We have described "[a]n act prejudicial to the administration of justice [as] one that `tends to bring the legal profession into disrepute.'" Attorney Grievance Comm'n v. Goodman, 426 Md. 115, 128, 43 A.3d 988, 995 (2012) (citation omitted). As the hearing judge found, Reno knew that: (1) Stevens had applied to buy a .45 caliber 1911 handgun; and (2) the Firearms Registration Section of the Maryland State Police disapproved Stevens's application. Nonetheless, Reno gave Stevens a handgun of the exact type for which he had applied. Even if (as the hearing judge found) Reno thought that the reason for Stevens's application's disapproval was "a minor issue such as a failure [by] Stevens to have paid a fine[,]" Reno nonetheless circumvented the law by giving the handgun to Stevens. As such, Reno, a criminal defense attorney, provided a gun to a person, a former client, whom she had reason to know was prohibited from possessing a firearm. Reno circumvented the law — and, indeed, violated the law — as to a prohibited person's possession of a firearm. Thus, Reno engaged in behavior prejudicial to the administration of justice as well as conduct "impact[ing] negatively the public's perception... of the ... legal profession." Rand, 411 Md. at 96, 981 A.2d at 1242 (citations omitted).
We also conclude that Reno violated MLRPC 8.4(a), which states: "It is professional misconduct for a lawyer to ... violate... the" MLRPC.
From the hearing judge's findings of fact, we ascertain no basis to conclude,
Because the Commission moved to dismiss, neither party recommended a sanction for Reno's misconduct. Instead of determining an appropriate sanction on our own initiative, we give Reno and the Commission the opportunity to recommend a sanction for Reno's violation of MLRPC 8.4(d) and 8.4(a). The parties shall file recommendations within thirty days of the date on which this opinion is filed. "Within 15 days after service of ... recommendations, the adverse party may file a response." Md. R. 16-758(c). After receiving recommendations and responses (if any), we will schedule oral argument regarding the appropriate sanction.