Attorney Grievance Commission v. Rosen

MURPHY, Chief Judge. ORDER The Respondent having been charged by the Attorney Grievance Commission, acting through Bar Counsel, with violations of the Code of Professional Responsibility; and Judge Raymond G. Thieme, Jr. of the Circuit Court for Anne Arundel County, to whom the matter was referred pursuant to Maryland Rule BV9 b, having found that Respondent violated DR 1-101 and DR 1-102(A)(4) and (6) in making a materially false statement on a petition to take the out-of-state attorney Maryland Bar Examination and that such false statement, although not intentional, was made with such reckless indifference as to constitute “the legal equivalent of deliberate”; and Bar Counsel having recommended disbarment as the appropriate sanction for Respondent’s misconduct; and Respondent having excepted to Judge Thieme’s findings, claiming that his false answer was neither intentional nor deliberate but rather amounted to a misrepresentation resulting from the negligent misreading of questions on the petition; and The Respondent having suggested that an appropriate sanction for his misconduct would be resignation from the Maryland Bar, pursuant to Maryland Rule BV12; and It being required by BV12 a that an application to resign from the Maryland Bar be submitted in writing to this Court, stating the reasons therefor; and ⁶² The rule further requiring that an attorney may not resign while proceedings are pending against him involving allegations of misconduct; and It appearing prudent to the Court in the circumstances of this case to afford Bar Counsel and the Respondent an opportunity to confer as to whether Bar Counsel would be willing to dismiss all pending charges against the Respondent upon the Respondent’s filing an application -with the Court to forthwith resign with prejudice from the Maryland Bar and upon