HARRELL, J.
This reciprocal disciplinary action involves Nikolaos Panagiotis Kourtesis, who was admitted to the Bar of this Court on 17 December 1997 and to the Bar of the District of Columbia on 14 November 2005. On 14 February 2013, the District of Columbia Court of Appeals suspended indefinitely Kourtesis from the practice of law in the District of Columbia, and ordered further that pending disciplinary charges filed against him in the District be held in abeyance due to his self-professed disability preventing him from defending himself (or assisting his counsel in the defense) against the charges. On 10 March 2013, the Attorney Grievance Commission of Maryland, through Bar Counsel, filed, pursuant to Maryland Rules 16-751 and 16-773, a Petition for Disciplinary or Remedial Action, attaching to the Petition a certified copy of the 14 February 2013 Order of the District of Columbia Court of Appeals.
On 20 March 2013, we issued a Show Cause Order. Bar Counsel responded on 17 May 2013, asking that reciprocal sanction (indefinite suspension) be imposed against Kourtesis in this State. In response, Kourtesis urged us to refer the matter to a judge of the Circuit Court for Montgomery County (where Respondent maintains an office for the practice of law) for an evidentiary hearing prior to acting on the request by Bar Counsel for his indefinite suspension. We hold that a separate hearing to determine his fitness to practice law in this State is inappropriate at present. Rather, we order that Kourtesis be placed on inactive status, the most analogous remedy in this State, until further order by this Court.
On 25 May and 12 July 2012, counsel for the Board on Professional Responsibility filed "Specifications of Charges" against Kourtesis in the District of Columbia based on allegations arising from his representation of certain clients in personal injury matters.
As grounds for his motion, Kourtesis asserted that he suffered from depression, making it impossible (indefinitely) to defend himself in the disciplinary matters or to assist his counsel in the defense against the charges. Pursuant to D.C. Board Rule 15.3(a)(iii),
On 31 December 2012, the Board on Professional Responsibility, acting through its Chair and under D.C. Bar Rule XI, § 13(c),
Upon consideration of the Board on Professional Responsibility's petition, the District of Columbia Court of Appeals ordered, on 14 February 2013:
The Order provided further that his "reinstatement to the District of Columbia Bar shall be in accordance with the provisions of D.C. Bar Rule XI, § 13(g)...." Subsection (g) provides:
D.C. Bar Rule XI, § 13(g) (emphasis added). See also D.C. Bar Rule XI, § 16(b) ("Reinstatement of attorneys suspended for disability. An attorney who has been suspended indefinitely because of disability under section 13 of this rule may move for reinstatement in accordance with that section, but reinstatement shall not be ordered except on a showing by clear and convincing evidence that the disability has ended and that the attorney is fit to resume the practice of law.").
At the 5 December 2013 show cause hearing in the reciprocal proceedings initiated in Maryland, Kourtesis's counsel reported that Kourtesis had not filed for reinstatement in the District of Columbia, but planned on seeking reinstatement at some non-specific time in the future.
On 10 March 2013, the Attorney Grievance Commission of Maryland ("Bar Counsel") filed, pursuant to Maryland Rules 16-751 and 16-773, a Petition for Disciplinary or Remedial Action, attaching a certified copy of the 14 February 2013 Order by the District of Columbia Court of Appeals. We issued a Show Cause Order. On 17 May 2013, Bar Counsel responded, asking that a reciprocal sanction (indefinite suspension) be imposed.
In his Verified Response to Show Cause Order, Kourtesis argued that no reciprocal action should be imposed upon him in Maryland because exceptional circumstances exist under Rule 16-773(e)(3) and (5). These subsections provide:
Kourtesis argues first that the circumstances which led to his submitting voluntarily to indefinite suspension of his license to practice in the District of Columbia "were all related to a perfect storm of emotional issues in which he was ensnared."
On 5 December 2013, this Court held a hearing to consider the petition, show cause responses, and argument of counsel.
Maryland Rule 16-773 governs "reciprocal" attorney grievance cases. "Upon receiving and verifying information from any source that in another jurisdiction an attorney has been disciplined or placed on inactive status based on incapacity, Bar Counsel may file a Petition for Disciplinary or Remedial Action in the Court of Appeals pursuant to Rule 16-751(a)(2)." Md. Rule 16-773(b). The Court issues a show cause order pursuant to subsection (c). After the parties respond to the show cause order, the Court "may immediately impose corresponding discipline or inactive status," may assign the matter to a judge for a hearing, "or may enter any other appropriate order." Md. Rule 16-773(f). At the current juncture in the present case, the parties have responded to the show cause order and the Court is confronted with determining an appropriate order. Subsection (f) provides this Court with a wide-range of options for an appropriate response.
In "reciprocal" attorney grievance cases, this Court gives deference generally to the factual findings or adjudications of the originating jurisdiction pursuant to Md. Rule 16-773(g), which provides:
See also Attorney Grievance Comm'n v. Whitehead, 390 Md. 663, 668-69, 890 A.2d 751, 754 (2006) (citing Attorney Grievance Comm'n v. Weiss, 389 Md. 531, 886 A.2d 606 (2005); Attorney Grievance Comm'n v. Scroggs, 387 Md. 238, 249, 874 A.2d 985, 992 (2005); Attorney Grievance Comm'n v. Ayres-Fountain, 379 Md. 44, 56, 838 A.2d 1238, 1245 (2003); Attorney Grievance Comm'n v. Cafferty, 376 Md. 700, 703, 831 A.2d 1042, 1045-46 (2003)). "In that regard, this Court's cases are clear, pursuant to Rule 16-773(g), we do not relitigate factual matters or a final adjudication by another appropriate tribunal in a disciplinary [or remedial] proceeding." Attorney Grievance Comm'n of Maryland v. Haas, 412 Md. 536, 545-46, 988 A.2d 1033, 1039 (2010) (citing Attorney Grievance Comm'n v. Sabghir, 350 Md. 67, 68, 710 A.2d 926, 926 (1998); Attorney Grievance Comm'n v. Gittens, 346 Md. 316, 325, 697 A.2d 83, 88 (1997); Attorney Grievance Comm'n v. Willcher, 340 Md. 217, 221-222, 665 A.2d 1059, 1061 (1995); Attorney Grievance Comm'n v. Sparrow, 314 Md. 421, 550 A.2d 1150 (1988)).
In the present case, although the District of Columbia Court of Appeals has not adjudicated finally the disciplinary charges against Kourtesis, the court reached an interlocutory adjudication that Kourtesis is indefinitely incapacitated, i.e., unfit "to practice law because of mental infirmity or illness," see D.C. Bar Rule XI, § 13(c).
In determining the appropriate sanction or remedy in reciprocal cases, this Court has "a duty to `assess for itself the propriety of the sanction imposed by the other jurisdiction.'" Whitehead, 390 Md. at 672, 890 A.2d at 756 (citing Attorney Grievance Comm'n v. Steinberg, 385 Md. 696, 704 n. 9, 870 A.2d 603, 608 n. 9 (2005); Attorney Grievance Comm'n v. Ayres-Fountain, 379 Md. 44, 57, 838 A.2d 1238, 1246 (2003)). "[W]e are prone, but not required, to impose the same sanction the original jurisdiction imposed." Id., 390 Md. at 671, 890 A.2d at 756 (citing Weiss, 389 Md. at 546, 886 A.2d at 615). Thus, when considering the appropriate sanction or remedy in a reciprocal attorney grievance case, "`we look not only to the sanction imposed by the other jurisdiction but to our own cases as well.'" Id., 390 Md. at 672, 890 A.2d at 756 (emphasis added in Whitehead) (quoting Weiss, 389 Md. at 548, 886 A.2d at 616) (some internal quotation marks omitted). Although we will reach often the same conclusion as the original jurisdiction and impose an identical sanction or remedy, see id., 390 Md. at 672-73, 890 A.2d at 757 (citing Willcher, 340 Md. at 220, 665 A.2d at 1060; Attorney Grievance Comm'n v. Roberson, 373 Md. 328, 357, 818 A.2d 1059, 1077 (2003); Cafferty,
The rationale underlying our duty to assess the appropriate sanction or remedy for ourselves is that, "[e]ven though attorney discipline is for the primary purpose of protecting the public, [not the punishment of the attorney,] the bar and public policy are served best by determinations consistent with other Maryland sanctions for similar misconduct." Id., 390 Md. at 674, 890 A.2d at 757. We recognize that "`the public interest is served when this Court imposes a sanction [or remedy] which demonstrates to members of the legal profession the type of conduct that will not be tolerated....'" Id., 390 Md. at 674, 890 A.2d at 758 (quoting Attorney Grievance Comm'n v. Sperling, 380 Md. 180, 191, 844 A.2d 397, 404 (2004)) (some internal quotation marks omitted). Moreover, in imposing sanctions and remedies consistent with other Maryland determinations, this Court fulfills "`its responsibility to insist upon the maintenance of the integrity of the bar and to prevent the transgression of an individual lawyer from bringing [the profession's] image into disrepute.'" Id. (quoting Sperling, 380 Md. at 191, 844 A.2d at 404) (some internal quotation marks omitted).
As we explained further in Whitehead:
Id., 390 Md. at 674-75, 890 A.2d at 758 (emphasis added in Whitehead) (internal citations and quotation marks omitted). With the foregoing in mind, we turn now to determine what sanction or remedy is imposed typically in Maryland for an attorney pleading incapacity due to mental illness and seeking an abeyance or stay of the adjudication of pending disciplinary charges.
A second path to finding an attorney incapacitated in this State is provided by Rule 16-774, which states that "if the attorney has been judicially determined to be mentally incompetent ...," then "[a]n attorney may be [ ] placed on inactive status for an indefinite period...." Md. Rule 16-774(a). Under this rule, Bar Counsel files a petition to place summarily the attorney on inactive status, pursuant to the procedures set forth in subsection (b). Upon review of the petition and any answer, "the Court of Appeals may immediately place the attorney on inactive status for an indefinite period pending further order of the Court," order a designated judge to hold a hearing, or "enter any other appropriate order." Md. Rule 16-774(c). At this time, if disciplinary or remedial proceedings are pending for alleged misconduct, the Court of Appeals's order under subsection (c) stays those proceedings. Md. Rule 16-774(d). When the attorney who has been placed on inactive status under section (c) is determined later to be competent, "the Court of Appeals shall terminate the inactive status and either dismiss the [disciplinary] petition" or order a designated judge to hold a hearing on them. Md. Rule 16-774(e)
Lastly, Md. Rule 16-772(b) recognizes a third path by which an attorney may consent to placement on inactive status. For example, in Attorney Grievance Comm'n v. Demyan, 299 Md. 652, 474 A.2d 1342 (1984), this Court considered a petition of a respondent that the Court place him on inactive status from the practice of law due to extreme memory loss.
Similarly, in Attorney Grievance Comm'n v. Draper, 307 Md. 435, 514 A.2d 1212 (1986),
Assuming that an attorney is incapacitated, we determine which "remedy" is appropriate. In this regard, a significant difference exists between our regulatory scheme and the procedures in the District of Columbia. The Maryland Rules differentiate between "remedies" appropriate for "incapacity" and "sanctions or remedies" appropriate for "professional misconduct" as follows:
Md. Rule 16-721.
Thus, the Maryland Rules reserve the sanction of indefinite suspension for attorney misconduct. Accordingly, we impose "indefinite suspension" upon an incapacitated attorney typically only when the attorney is adjudicated also of misconduct warranting such a sanction.
We acknowledge the imposition of "inactive status" upon Kourtesis differs from the District of Columbia's imposition of "indefinite suspension"; however, we point out that the difference is largely in name alone. The District of Columbia has no remedy equivalent to our "inactive status," but rather deploys "indefinite suspension" as both a sanction and a remedy. Because Maryland differentiates between sanctions and remedies, we conclude that this State's "indefinite suspension" sanction, and its concomitant condemning connotation, is inappropriate here; instead, placement on inactive status is commensurate with our treatment of past cases involving incompetency where no final adjudication on the merits of the underlying misconduct charges has taken place as yet.
Before imposing the most analogous remedy (inactive status) on Kourtesis, however, we must determine whether any reciprocal remedy is appropriate in this case. Kourtesis urges this Court to send the matter to a judge of the Circuit Court for Montgomery County for a hearing on his fitness to practice law in Maryland because reciprocal discipline should not be ordered in this case due to exceptional circumstances under Md. Rule 16-773(e)(3) and (5). After consideration of these arguments, we conclude that neither exception applies in this case.
First, Kourtesis alleges that the reason for his indefinite suspension in the District of Columbia no longer exists and, thus, pursuant to Rule 16-773(e)(5), no reciprocal action is appropriate. This argument misunderstands the nature of Kourtesis's indefinite suspension in the District of Columbia and its significance to us. The D.C. Court of Appeals imposed indefinite suspension upon Kourtesis in response to his motion, pursuant to D.C. Bar Rule XI, § 13, seeking indefinite suspension and the abeyance of the disciplinary matters due to his self-professed incapacity. The abeyance of the disciplinary matters is interconnected with the indefinite suspension. In order for Kourtesis to be reinstated in the District of Columbia, he must be willing to have the abeyance of the disciplinary matters lifted. In light of the dual purpose of Kourtesis's "indefinite suspension" in the District of Columbia, we conclude that, even if he has regained competency such that he may be deemed "fit to practice law" at this point, the other reason for his "indefinite suspension"—the stayed disciplinary proceedings in the District of Columbia—continues to exist until dismissed or adjudicated on the merits.
To conclude otherwise would convert Maryland into an asylum for attorneys wishing to flee from pending disciplinary matters in other jurisdictions. Allowing an attorney, who petitioned in a sister jurisdiction for disciplinary proceedings to be held in abeyance due to self-professed incompetency, to seek safe haven in our State by demonstrating regained competency and permitting him or her to continue to practice here, while continuing to
We dismiss additionally Kourtesis's claimed "exceptional circumstances" of "grave injustice." See Md. Rule 16-773(e)(3). At oral argument before us, Kourtesis's counsel stated that the process for obtaining a final adjudication in the District of Columbia would take many years and that reinstatement would be quicker if a competency hearing was held instead in Maryland. According to Kourtesis, a "grave injustice" under Rule 16-773(e)(3) would occur if this Court imposed a sanction or remedy that precluded him from practicing law in this State until the proceedings in the District of Columbia were resolved finally. This conclusion ensues, he asserts, because of the financial difficulties he would endure. Although we acknowledge that imposing sanctions or remedies may cause great financial difficulties for respondents, such difficulties are not the type of "grave injustice" envisioned by our rules, but rather an unfortunate (but necessary) consequence of measures designed to protect the public. Moreover, it seems to us far-fetched to call this a "grave injustice" when Kourtesis requested the disposition he received in the District of Columbia slightly over a year ago and, apparently, seeks a hearing in this State in an effort to "forum-shop" to prove he has regained his competency, while keeping in place the abeyance of the disciplinary proceedings in the District of Columbia.
In conclusion, we hold that the appropriate reciprocal remedy in Maryland for Kourtesis is, at present, inactive status until further order by this Court.