Fellner v. Bar Ass'n

Henderson, J., delivered the opinion of the Court. The appellant was disbarred by order of the Supreme Bench of Baltimore City. The proceeding was instituted by a petition reciting that the appellant had been charged in the ²⁴⁵ Criminal Court of Baltimore with violating Code (1951), Art. 27, sec. 74, by inserting slugs instead of coins in a parking meter in a City parking lot. He had entered a plea of nolo contendere to the charge and had been fined $250.00 and costs, which he paid.

The appellant contends that, under the stipulation of counsel entered into before the Supreme Bench, his guilt was not established, that the facts do not show that he was guilty of such conduct as to justify disbarment, and that in any event the order of permanent disbarment was too severe. The stipulation was entered into, with the approval of the Supreme Bench, in lieu of having the witnesses for the Bar Association, who were present, testify in open court. The facts stated were that on November 29, 1955, eighteen slugs were found in the collections that went through the validating machine, representing collections from the Sam Smith Parking Area meters. On December 10, 1955, there were sixteen slugs; on December 16, two slugs.

The meters are so arranged that the maximum time that can be purchased is ten hours at a cost of 50 cents. The last coin inserted is visible through the glass top, known as the “Scotch Eye”. This last coin remains visible until another coin is inserted, and when the meters are cleared the only coin that remains is the one visible in the Scotch Eye. That, however, can be removed if desired.

On December 14, 1955, an investigation was made at the Sam Smith Parking Area and all the meters were emptied. Three meters contained two slugs each. The police obtained the license numbers of three automobiles and one of them was Maryland License No. AF 64-41, titled in the name of the appellant’s wife. The next morning investigation showed that only the meter where this car was parked contained slugs.

All of the parking meters were cleared that night at midnight, and the police watched the area from 7 A. M. the next morning. At about 8 A. M., the appellant, driving the automobile bearing the license number above stated, was seen to park his car and insert something in the meter. The meter was opened in his presence and found to contain a quarter and two slugs the size of a quarter. A nickel was visible in the ²⁴⁶ Scotch Eye.

The meter showed ten hours of unexpired parking time. Fellner declined to make any statement, but was taken to the police station and charged. Here he gave the name of Harry Jackson, but the officers soon learned his true identity. The officers searched his car and found two boxes of slugs, wrapped in brown paper but opened.

One box contained slugs the size of a quarter, the other slugs the size of a dime. The quarter size slugs were similar to those removed from the meter. When the next collection was made from the meters in the parking area no slugs were found. The appellee concedes that the plea of nolo contendere in the criminal case did not establish the fact of guilt in the disbarment proceeding.

See Note, 152 A. L. R. 254. But the appellee did not rely on that plea to prove the charge brought before the Supreme Bench, but was prepared to prove its case by the testimony of witnesses. The stipulated facts, we think, amply support the finding of guilt. It is true, as the appellant points out, there was no