Attorney Grievance Commission v. McGonigle

Per Curiam The Attorney Grievance Commission, acting through Bar Counsel, filed a petition for Disciplinary Action, pursuant to Maryland Rule BV9, against Dennis Con McGonigle, alleging that he violated Disciplinary Rule 1-102(A) of the Code of Professional Responsibility, which provides, insofar as pertinent, as follows: ²⁶⁵ "I)R 1-102 Misconduct. (A) A lawyer shall not: (D Violate a Disciplinary Rule. (2) . . . (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.” The matter was referred to Judge Bruce C. Williams of the Circuit Court for Anne Arundel County to make findings of fact and conclusions of law pursuant to Maryland Rule BV10. After an evidentiary hearing, Judge Williams made the following findings of fact and conclusions of law.

"1. On or about the 28th day of July, 1976, the Respondent was formally charged in the District Court of the Fourth Judicial District for the County of El Paso, State of Colorado, with one count of the intent to promote and facilitate the commission of the crime of the sale of narcotic drugs, to wit, Conspiracy to Commit Sale of Narcotic Drugs, as defined by C.R.S. 1973 of the Colorado Code, as amended, Sections 12-22-302 and 12-22-322, and one count of feloniously selling heroin, a derivative of opium, a narcotic drug, to wit, the Sale of Narcotic Drugs (through one of his inmate-clients at the Colorado State Penitentiary), in violation of S.R.S. 1973 of the Colorado Code, as amended, Sections 12-22-302 and 12-22-322 (2) (B). "2. On May 31, 1977, the Respondent pled guilty in open court to Count 2 of said Indictment mentioned above, to wit, the sale of narcotic drugs.

"3. The crime of the sale of narcotic drugs is a