Attorney Grievance Commission v. Palmer

HARRELL, J. The Attorney Grievance Commission (“Petitioner”), acting through Bar Counsel, filed a Petition for Disciplinary or Remedial Action against Christopher A. Palmer (“Respondent”), charging him with professional misconduct in violating various provisions of the Maryland Rules of Professional Conduct (“MRPC”), the Maryland Rules, and the Business Occupations & Professions Article of the Maryland Code. Specifically, Petitioner charged that Respondent violated the following Rules of Professional Conduct: 1.1 (competence); 1 1.15(a), (c) (safekeeping property); 2 8.4(b), (c), (d); 3 Maryland ¹⁹⁰ Rule 16-609 (prohibited transactions); 4 and Maryland Code (2000, 2010 Repl.Vol.), Business Occupations & Professions Article, § 10-306 (misuse of trust money). 5 Pursuant to Maryland Rules 16-752(a) 6 and 16-757(c), 7 we referred the case to the Honorable Brett W. Wilson of the Circuit Court for Dorchester County for the conduct of an evidentiary hearing and the preparation of findings of fact and recommended conclusions of law. Judge Wilson conducted the evidentiary hearing on 30 March 2010. He issued his written findings of ¹⁹¹ fact and conclusions of law on 6 May 2010.

As we cannot envision a better way for the arc of this case to unfold, we intend to flatter Judge Wilson by relating verbatim here his findings and conclusions. I. Findings of Fact 8 A. Respondent’s Background Respondent graduated from the University of Maryland School of Law in 1998 and was admitted to the Maryland Bar on December 16, 1998. Following graduation, Respondent served as Law Clerk to the Honorable Daniel M. Long, Circuit Court for Somerset County, Maryland, from 1998 until August 1999. Upon the conclusion of his judicial clerkship, Respondent joined the law firm of Ayres, Jenkins, Gordy & Almand, P.A.

(“the Firm”) in Ocean City, Maryland. Respondent was an associate in the Firm from September 1999 until December 2008. Since leaving the Firm, Respondent has continued to provide legal services as a solo practitioner, focusing his work primarily in the area of family law. Respondent also handles criminal cases as a panel attorney for the Office of the Public Defender.

Respondent married his wife, Stacie, in 2004. The couple has two children, the first born in 2006 and the second born in 2009. In addition to the time Respondent spends with his family, Respondent is also very active in professional and community organizations. Respondent has served on the Board of Directors for Worcester Youth and Family Counseling Services, Inc. since 2000 and became President in September 2008.

Respondent has served as Treasurer, Secretary, and, most recently, Vice President of the Worcester County Bar Association. Since 2005, Respondent has ¹⁹² served as the Circuit Coordinator for the First and Second Circuits of the Maryland State Bar High School Mock Trial Competition. Respondent previously served as the First Circuit Representative in the Young Lawyers Section of the Maryland State Bar Association. Respondent also volunteers in the Circuit Court for Worcester County, conducting settlement conferences in civil cases.

B. Finding of Facts Regarding Respondent’s Alleged Misconduct The facts underlying the alleged violations are undisputed. In anticipation of the evidentiary hearing, Petitioner and Respondent stipulated to certain facts which were reduced to writing and admitted into evidence.... (1) Misuse of Escrow Funds In 2008, the Firm was considering whether to offer Respondent Partner status. As discussed more fully below, Respondent transferred funds belonging to clients Royalton Motor Hotel, LLC, Garrison Smith, and Dennis Bellehumeur from the Firm’s escrow account to the general account and had those funds credited to himself for billing purposes.

Respondent made these monetary transfers in order to make it appear that his collected fees were higher than they actually were so as to improve his prospects of being offered a partnership interest in the Firm. When the Firm discovered Respondent’s improper transfer of client funds from the escrow account to the general account, the Firm deposited funds back into the escrow account so that the clients sustained no loss. The Firm adjusted its compensation to Respondent to recover the funds overpaid to him. (a) Royalton Motor Hotel, LLC v. Paciñc Surfwear, Inc., et al. On July 18, 2007, Respondent obtained a judgment in favor of his client, Royalton Motor Hotel, LLC, in the Circuit Court for Worcester County, Maryland, in case number 23-C06-001305 CN in the amount of $28,781.97. ¹⁹³ On August 2, 2007, Respondent received $2,000.00 as partial payment of the judgment in factor of Royalton Motor Hotel, LLC and deposited the money in the Firm’s escrow account.

Additionally, the Firm received three money orders, each in the amount of $1,000.00, which were received as further payment from the debtor and deposited in the Firm’s escrow account on October 16, 2007. The Firm did not immediately disburse the $5,000.00 collected on behalf of Royalton Motor Hotel, LLC to its client. No explanation was provided for the delay. On June 30, 2008, Respondent disbursed $5,000.00 from the Firm’s escrow account and deposited those funds in the Firm’s general account.

To accomplish this transfer of funds, Respondent wrote escrow check number 17956 payable to the Firm. Respondent referenced an unrelated client file number, ending in the letter “P”, which indicated that the funds pertained to a fee earned in a matter involving a client brought to the Firm by Respondent. At this time, Respondent received an annual salary of $50,000.00. He also received one-third of all fees generated by clients he brought to the Firm.

As a result of Respondent’s transfer of Royalton Motor Hotel, LLC’s $5,000.00 from the Firm’s escrow account to its operating account, and his designation of those funds as pertaining to an unrelated client originated by him, Respondent received one-third of the funds ($1,666.50) as part of his compensation from the Firm for June 2008. After the Firm discovered that Respondent had improperly transferred these funds to the general account, the Firm returned the $5,000.00 to its escrow account, disbursed $4,000.00 to its client, and paid the proper fee of $1,000.00 to the Firm in December 2008. The Firm adjusted its compensation to Respondent to recover the funds overpaid to him. (b) Garrison Smith and Dennis Bellehumeur v. Daniel Troiano Respondent also handled a collection case for the Firm’s clients, Garrison Smith and Dennis Bellehumeur.

He ob ¹⁹⁴ tained a judgment in the amount $6,023.68. On June 13, 2008, Respondent received $1,000.00 towards the judgment on behalf of Smith and Bellehumeur. At Respondent’s direction, those funds were deposited in the Firm’s escrow account. On July 10, 2008, Respondent received additional payment of $500.00 on account of said judgment.

The firm deposited these funds in the Firm’s general account. On July 31, 2008, Respondent received an additional $1,000.00, which was properly deposited in the Firm’s escrow account. On August 21, 2008, Respondent received $500.00 on behalf of Smith and Bellehumeur, which was deposited in the Firm’s general account. On September 30, 2008, Respondent wrote a check drawn on the Firm’s escrow account in the amount of $2,000.00, which represented the funds deposited for payment toward judgment on behalf of Smith and Bellehumeur.

The check was drawn payable to the Firm and was deposited into the Firm’s operating account. The firm was actually entitled to only $550.00 in fees from Smith and Bellehumeur from the funds collected by Respondent. Respondent’s one-third share should have been $183.33. As a result of the deposit of the funds belonging to Smith and Bellehumeur into the general account, the Firm paid respondent $999.99 instead of $183.33 to which he was entitled.

(2) Misrepresentations Regarding Filing of Complaints and Fabrication of Court Documents In addition to misusing clients’ money held in escrow, Respondent also failed to adequately represent three clients: Atlantic Pools & Spas, Inc., the Mayor and City Council of Ocean City, and the Worcester Preparatory School. As more fully discussed below, with respect to these clients, Respondent drafted complaints which he never filed, misrepresented to partners of the Firm that the complaints had been filed, and, in at least one case, fabricated court documents to support his falsehoods. The Firm never billed Atlantic Pools & Spas, Inc., the Mayor and City Council of Ocean City, or the Worcester ¹⁹⁵ Preparatory School for work Respondent falsely claimed he had done. (a) Atlantic Pools <fe Spas, Inc. Mark Cropper, a partner in the Firm, assigned Respondent two collections matters to handle for the Firm’s client, Atlantic Pools & Spas, Inc. One matter was against Anthony J. Diver and Jacqueline A. Bradley-Diver (“the Divers”).

The other matter was against Robert and Sharon Anthony (“the Anthonys”). Respondent falsely told Mr. Cropper that he had filed suit on behalf of Atlantic Pools & Spas, Inc. against the Divers and the Anthonys. Respondent prepared pleadings, which he never filed with the appropriate Court, and fabricated complaints and summonses to support his misrepresentations that suits were initiated. On or about December 17, 2008, Mr. Cropper checked the Maryland Judiciary website and discovered that no suits had been filed on behalf of Atlantic Pools & Spas, Inc. Mr. Cropper had his assistant, Patricia Corso, send an e-mail to the vacationing Respondent, checking on the status of these cases so that he could inform the client.

Respondent falsely replied to Ms. Corso by e-mail that day, stating that both suits were filed in late 2007, that the Anthony case was set for trial on February 12, 2009, and that he was waiting for an affidavit from the process server in the Divers case. Based on those misrepresentations, the Firm informed the client that suits had been filed and provided copies of the fictitious pleadings and court notices. In fact, Respondent never filed the complaints on behalf of Atlantic Pools & Spas, Inc. (b) Mayor and City Council of Ocean City, MD Guy R. Ayres, III, a partner in the Firm, assigned Respondent a collection matter to handle on behalf of the Firm’s client, the Mayor & City Council of Ocean City, against April Brilliant t/a Mystic Productions. When Mr. Ayres inquired about the status of the case in late 2008, Respondent told him that he had filed suit against Ms. ¹⁹⁶ Brilliant, obtained a judgment, and filed a writ of garnishment to initiate collection of the judgment.

In fact, Respondent never filed suit against Mr. Brilliant on behalf of the Mayor & City Council of Ocean City. Another attorney filed the actual complaint after Respondent left the firm in December 2008. (c) Worcester Preparatory School William E. Esham, III, a partner in the Firm, assigned Respondent two collections cases to handle on behalf of the Firm’s client, Worcester Preparatory School. Respondent misrepresented to Mr. Esham that he had filed suit in both matters when, in fact, he had not done so.

In one of the matters, Worcester Preparatory School v. Leonhart, the Respondent claims that he prepared the complaint; however, he admits that he never filed it. In the other matter, the Firm’s client decided not to proceed against the defendant after the Respondent’s transgressions came to light.

II

Conclusions of Law Maryland Rules of Professional Conduct 1.1—Competence This Court finds by clear and convincing evidence that Respondent violated Maryland Rule of Professional Conduct 1.1 by failing to provide competent representation to Atlantic Pools & Spas, Inc., the Mayor and City Council of Ocean City, and the Worcester Preparatory School. First, with respect to Atlantic Pools & Spas, Inc., Respondent misrepresented to Mr. Cropper that he had initiated two suits on behalf of the client. In fact, Respondent had prepared pleadings that were, for no articulable reason, never filed and further fabricated complaints and summonses to make it appear that he was prosecuting the cases and adequately representing the client. ¹⁹⁷ Second, with respect to the Mayor and City Council of Ocean City, Respondent misrepresented to Mr. Ayres that he had filed suit, obtained a judgment, and filed a writ of garnishment. In fact, Respondent never filed suit against Ms. Brilliant on behalf of his client.

Finally, with respect to the Worcester Preparatory School, Respondent misrepresented to Mr. Esham that he had filed two suits on behalf of the client. In fact, Respondent never filed either suit, although he may have prepared a complaint in one case. Certainly, Respondent possessed the legal knowledge, skill, and ability to initiate suits on behalf of his clients; however, he chose to act contrary to his legal aptitude. In electing to not file certain complaints and to falsify complaints and summonses, Respondent failed to provide competent representation to his clients and violated Maryland Rule of Professional Conduct 1.1.

Maryland Rules of Professional Conduct 1.15(a), (c)—Safekeeping Property This Court finds by clear and convincing evidence that Respondent violated Maryland Rule of Professional Conduct 1.15 by making inappropriate transfers of clients’ funds from the Firm’s escrow account to the general account without the clients’ informed, written consent. With respect to Royalton Motor Hotel, LLC, the Firm collected $5,000.00 on behalf of its client and initially credited its escrow account with those funds. Respondent improperly disbursed those funds on June 30, 2008 to the general account and referenced an unrelated client file number in order to collect one-third of those funds as compensation. With respect to Smith and Bellehumeur, Respondent obtained a judgment, then received funds in payment thereof which were initially deposited in the Firm’s escrow account.

Later, on September 30, 2008, Respondent disbursed from the Firm’s escrow account to its general account as fees, $2,000.00, which represented funds that had been originally deposited for the benefit of Smith and ¹⁹⁸ Bellehumeur. As a result of the transfer, Respondent received a one-third share which was larger than that to which he was entitled. The Court was presented with no evidence to indicate that the clients gave informed consent in writing which may have allowed Respondent to transfer the funds from the Firm’s escrow account to its general account for the Respondent’s benefit. In transferring money from the Firm’s escrow account to its general account as fee payments, which Respondent admits he was not entitled to do, Respondent violated Maryland Rule of Professional Conduct 1.15.

Maryland Rules of Professional Conduct 8.4(b)-(d)—Misconduct This Court finds by clear and convincing evidence that Respondent violated Maryland Rule of Professional Conduct 8.4 by: (1) improperly disbursing clients’ funds from the Firm’s escrow account to its general account, (2) failing to file complaints and misrepresenting the status of the cases to partners in the Firm, and (3) fabricating complaints and summonses to support his series of falsehoods.[ 9 ] More specifically, this Court finds by clear and convincing evidence that Respondent violated Maryland Rule of Professional Conduct 8.4(b) in that he misused clients’ funds held in the Firm’s escrow account by transferring those funds to the operating account as fees in order to improve his chances of becoming a partner in the Firm. As discussed below, this Court also finds by clear and convincing evidence that Respondent violated Maryland Code Ann., Business Occupations & Professions Art., § 10-306, which carries a criminal penalty. Maryland Code Ann., Business Occupations & Professions Art., § 10-606(b) provides that ¹⁹⁹ “[a] person who willfully violates any provision of Subtitle 3, Part I of this title ... is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.00 or imprisonment not exceeding 5 years or both.” Although criminal charges have not yet been brought against Respondent, certainly his conduct and admissions could lead a trier of fact to find him guilty beyond a reasonable doubt of misusing clients’ trust funds, which reflects adversely on his honesty, trustworthiness, and/or fitness as a lawyer. Additionally, this Court finds by clear and convincing evidence that Respondent violated Maryland Rule of Professional Conduct 8.4(c) in that he misused clients’ funds held in escrow, misrepresented the status of cases to partners in the Firm who unknowingly passed along those lies to the clients, and fabricated court documents to support his misrepresentations that suits had been filed in several cases.

The Court finds that all of these actions demonstrate that Respondent was dishonest, fraudulent, and deceitful. Furthermore, this Court finds by clear and convincing evidence that Respondent violated Maryland Rule of Professional Conduct 8.4(d). In failing to file complaints on behalf of clients, and in fabricating court documents to support his misrepresentations to partners in the Firm and to clients, Respondent engaged in conduct that was prejudicial to the administration of justice. Maryland Rule 16-609(a)—Prohibited Transactions This Court finds by clear and convincing evidence that Respondent violated Maryland Rule 16-609 by disbursing client funds from the Firm’s escrow account to its operating account for an unauthorized purpose.

As discussed more fully above, Respondent admits that he transferred money that rightfully belonged to his clients, Royal-ton Motor Hotel, LLC, and Smith and Bellehumeur, from the Firm’s escrow account to its general account for the purpose of making it appear that his collected fees were higher. Respondent did so in order to improve his chances ²⁰⁰ of becoming a partner in the Firm. Respondent’s purpose for transferring the funds was not authorized by the clients. Maryland Code Ann., Business Occupations & Professions Art., § 10-306—Misuse of trust money This Court finds by clear and convincing evidence that Respondent violated Maryland Code Ann., Business Occupations & Professions Art., § 10-306 by making inappropriate transfers of clients’ funds from the Firm’s escrow account to its general account for the purpose of making it appear that his collected fees were higher.

Respondent did so to improve his chances of becoming a partner in the Firm and to receive increased compensation. Thus, Respondent used the trust funds for a purpose other than that for which they were entrusted to him.

III

Mitigation Findings A. The Court’s Findings Having had ample opportunity to assess Respondent’s credibility, the Court finds by a preponderance of the evidence[ 10 ] that Respondent is remorseful for his misconduct. Respondent admitted that he moved money from the Firm’s escrow account to its general account with knowledge that the money was not rightfully his. Respondent further admitted that he did not adequately represent his clients. Respondent confessed that he lied to the partners in the Firm and that those lies were in turn passed on to the clients.

The Court finds by a preponderance of the evidence that since December 2008, Respondent has been forthcoming about his misconduct and fully cooperative. In January ²⁰¹ 2009, Respondent sought legal counsel and ultimately hired Andrew Jay Graham of Baltimore, Maryland to assist him in self-reporting his misconduct. On January 22, 2009, Respondent, through Mr. Graham, sent Glenn M. Grossman, Deputy Bar Counsel [at the time] with the Attorney Grievance Commission of Maryland, a letter admitting his violations of the Rules of Professional Conduct. Respondent was also cooperative in that he made himself readily available to Mark Fiedler, investigator for the Attorney Grievance Commission of Maryland.

Mr. Fiedler’s “Final Report” dated May 18, 2009 confirms that Respondent was cooperative. In that Final Report, Mr. Fiedler writes: “The Respondent was cooperative during his interview. He provided explanation and detail voluntarily concerning all of the client matters. The Respondent acknowledged the impropriety of his actions, indicating this conduct was out of character for him and he was at a loss to explain why it occurred.” Furthermore, throughout the proceedings, Respondent was cooperative with Mr. Botluk,[ 11 ] who appeared at the evidentiary hearing on behalf of Petitioner.

Respondent agreed to submit stipulations rather than to engage the Court in an adversarial hearing because he knew that he had acted improperly and that he had to face the consequences. Respondent candidly told the Court that he could not explain why he made the poor choices that led to this proceeding. He had difficulty determining why he was willing to risk his legal career of ten years and the support of his family over a few thousand dollars. He indicated that his desire to achieve a balance between family and work life, coupled with an increased pressure to become a partner at the Firm likely triggered his first instance of misconduct in June 2008 and the series of bad decisions that followed.

He ²⁰² notes that he was not driven by financial gain, but rather, by a desire to remain with the Firm. Respondent testified that from the time he joined the Firm in 1999 until late 2007, he had been comfortable with his position as an associate. In late 2007 or early 2008, Respondent perceived additional pressure from the Firm to increase his billings and to bring more clients to the Firm. Respondent expressed that he felt as though he was faced with a decision to either “move up or move out.” In other words, Respondent believed that he could either perform well enough to become a partner in the Firm or be left with no other option but to leave the Firm.

Respondent stated that he attached his entire professional identity to the Firm and that he struggled with the concept of having to find other employment. While Respondent was on vacation with his family in Florida in December 2008, partners at the Firm began to question some of Respondent’s work. Although Respondent initially continued to lie to the partners, he ultimately confessed to one partner before returning home and requested a meeting with all of the partners to divulge his misconduct. Not only did Respondent explain the problems that the partners had identified while he was on vacation, but he also revealed misconduct that had not yet come to the partners’ attention.

The Firm terminated Respondent following the meeting in December 2008. Shortly thereafter, Respondent sought counseling with Dr. Zweig, a psychologist in Salisbury, Maryland. Dr. Zweig treated Respondent from early January 2009 until the fall of 2009. Respondent was not diagnosed as suffering from any mental illness or condition.

The Court finds by a preponderance of the evidence that the Firm and the clients impacted by Respondent’s misconduct suffered no pecuniary losses. The Court further finds that Respondent has not been disciplined previously for any professional misconduct and is not currently the subject of any other complaints to the Attorney Grievance Commission. ²⁰³ B. Letters of Reference In mitigation, Respondent submitted letters of reference to the Court with no objection from counsel for Petitioner. The Court summarizes those six letters as follows: First, James P. Murray, District Public Defender, wrote a letter on behalf of the Respondent, indicating that he has known Respondent for approximately ten years. In that time, Mr. Murray assessed Respondent as an individual who “acted professionally, competently, and always well mannered and courteous to others.” Mr. Murray acted without reservation in authorizing Respondent to do “panel conflict” cases for the Office of the Public Defender because Mr. Murray believes Respondent is competent to handle such matters.

Mr. Murray expressed his hope that Respondent would one day be presented with an opportunity to redeem himself following his deceitful and unethical behavior. Second, Michael W. Farlow, Deputy State’s Attorney for Worcester County, wrote a character reference letter on behalf of the Respondent. Mr. Farlow, who has known Respondent for the duration of his professional career, identifies Respondent as respectful, professional, and remorseful for his misconduct. Mr. Farlow believes that the incidents of misconduct were an aberration of Respondent’s character and that Respondent is entitled to, and has earned, another chance.

Third, S. James Sarbanes, an attorney with Laws & Sarbanes, P.A., wrote a letter in support of the Respondent. Mr. Sarbanes notes that he has known Respondent for over ten years, both professionally and personally. Mr. Sarbanes views Respondent as an individual who is an outstanding friend, who is dedicated to the community and his family, and who is of strong professional and personal character. In assessing an appropriate penalty, Mr. Sarbanes hopes that the Court will take a complete look at Respondent and not just at Respondent’s mistakes.

Fourth, John T. Zweig, Ed. D., Psychologist, wrote a letter on behalf of Respondent who is his patient. Dr. ²⁰⁴ Zweig notes that Respondent initiated his own therapy on January 13, 2009. Dr. Zweig describes Respondent as neat, well-groomed, and articulate. Dr. Zweig indicates that Respondent never complained about or criticized members of the Firm in subsequent interviews.

Dr. Zweig comments on Respondent’s lack of insight into his own situation. Dr. Zweig identifies an absence of clearly identifiable clinical syndromes. In his professional opinion, Dr. Zweig believes that the problem Respondent faces will “require ongoing, long-term dynamic psychotherapy” in order for Respondent “to better understand the blind spot in his personality.” Dr. Zweig concludes that “from a psychological standpoint, a solo law practice could be operated within reasonable ethical limits by a lawyer with this kind of problem.” Fifth, Richard J. Brueckner, Assistant State’s Attorney for Wicomico County, Maryland, also wrote a letter on Respondent’s behalf. Mr. Brueckner has known Respondent for about two years and has interacted with Respondent in several capacities.

Mr. Brueckner has come to know Respondent as instrumental in the success of the Salisbury School’s MSBA mock trial team. Mr. Brueckner has also come to know Respondent as opposing counsel in several cases. Mr. Brueckner notes that Respondent represents his clients zealously, professionally, and with integrity. Finally, through his membership on the Lawyer’s Assistant Program Committee for the Maryland State Bar Association, Mr. Brueckner has come to know Respondent as someone who is extremely remorseful for his actions.

Mr. Brueckner identifies Respondent’s behavior as aberrant and contrary to Respondent’s true character. Finally, Jeff M. Thaler, former Chairman of the Ocean City Board of Zoning and Appeals, wrote on Respondent’s behalf. Mr. Thaler identifies Respondent as “knowledgeable, efficient, and totally professional in his conduct.” Mr. Thaler notes that in the seven years that he worked on the Board with Respondent and the three years that he worked with him in his law practice, Respondent always had the “highest standards of ethics and professionalism.” Mr. ²⁰⁵ Thaler characterizes Respondent as “an excellent attorney that truly cares about the job he is doing.” IV. Standards of Review The Court of Appeals has “original and complete jurisdiction over all attorney disciplinary matters arising from the conduct of a member of the Maryland State Bar.” Attorney Grievance Comm’n v. Pak, 400 Md. 567, 599-600 , 929 A.2d 546, 565 (2007); see Attorney Grievance Comm’n v. Maignan, 390 Md. 287, 292 , 888 A.2d 344, 347 (2005); Attorney Grievance Comm’n v. Seiden, 373 Md. 409, 414 , 818 A.2d 1108, 1111 (2003).

While we conduct an independent review of the record developed below, the hearing judge’s findings of fact generally will be accepted unless they are clearly erroneous. Attorney Grievance Comm’n v. Thomas, 409 Md. 121, 147 , 973 A.2d 185, 201 (2009); Attorney Grievance Comm’n v. Ugwuonye, 405 Md. 351, 368 , 952 A.2d 226, 235-36 (2008). As to the hearing judge’s recommended conclusions of law, however, “[t'Jhe Court of Appeals shall review [those] de novo .... ” Md. Rule 16-759; see Attorney Grievance Comm’n v. Nussbaum, 401 Md. 612, 632 , 934 A.2d 1, 13 (2007); Attorney Grievance Comm’n v. McLaughlin, 372 Md. 467, 493 , 813 A.2d 1145, 1160 (2002). V. All That Is Left To Us Here Is To Determine the Appropriate Sanction.

Neither Petitioner nor Respondent took written exceptions to Judge Wilson’s findings of fact, recommended conclusions of law, or mitigation findings. Therefore, we “treat the findings ... as established for the purpose of