MD Court of Appeals disbars lawyer who resigned from OK Bar without

A lawyer who resigned from the Oklahoma Bar pending disciplinary proceedings, without notifying bar counsel in Maryland of that action, has been disbarred by Maryland's highest court.

In a reciprocal disciplinary case against R. Scott Scroggs, the Court of Appeals held last week that resignation pending disciplinary charges in Oklahoma is the equivalent to disbarment in that state; therefore, disbarment was the appropriate sanction in Maryland.

In a reciprocal discipline case we are inclined, but not required, to impose the same sanction as that imposed by the state in which the misconduct occurred, reasoned Judge Clayton Greene, Jr., writing for the high court.

Noting numerous allegations of intentional dishonesty in the Oklahoma grievances, the court imposed disbarment on Scroggs with a right to apply for readmission in Maryland only after successful readmission to the Oklahoma Bar.

Scroggs, of Rockville, was suspended in Oklahoma by order of that state's Supreme Court on March 4, 2003.

While his petition for rehearing of that case was still pending, the Oklahoma Bar Association applied for an order approving his resignation from the bar. In support of that application, Scroggs filed an affidavit in which he acknowledged that there were seven separate grievances pending against him for violations of the Oklahoma Rules of Professional Conduct.

His affidavit also waived any right to contest those allegations, and admitted that the grievances, if proven, would constitute violations of ethical rules.

The Supreme Court of Oklahoma approved the resignation in May 2003, which prohibited Scroggs from applying for readmission to the Oklahoma Bar for a five-year period.

The Attorney Grievance Commission of Maryland filed a petition for disciplinary or remedial action in May 2004, alleging that Scroggs failed to report the disciplinary action in Oklahoma as required by Maryland Rule 16-773.

Rule 16-773(a) requires that an attorney who in another jurisdiction is disbarred, suspended, or resigns from the bar while disciplinary or remedial action is threatened or pending in that jurisdiction shall inform Bar Counsel promptly of the discipline, resignation, or inactive status.

Scroggs argued that he was not required to report the Oklahoma disciplinary action because his resignation pending adjudication of the charges against him made no findings of fact; therefore, the allegations were not subject to judicial review.

The court reasoned, however, that Scroggs' affidavit in support of his application for resignation was an adequate waiver of his right to contest the action.

Here, respondent acknowledged the misconduct alleged and waived any right to contest the allegations, Greene wrote. His overall consent to resignation pending disciplinary proceedings was the equivalent to disciplinary action in Maryland.

The court was also not persuaded by Scroggs' contention that the order of the Supreme Court of Oklahoma approving his resignation was not a remedial or disciplinary order, finding that the resignation pending disciplinary proceedings in Oklahoma is, indeed, tantamount to a disbarment in Maryland.

Judge Irma S. Raker dissented from the majority's requirement that Scroggs be readmitted in Oklahoma prior to seeking readmission here.

In Maryland, to my knowledge, no disbarred lawyer has been limited, as a matter of court order, to wait any particular period of time or to be readmitted in a foreign jurisdiction, before that lawyer may apply for readmission in the Maryland Bar, Raker wrote.

Instead, the court should consider the criteria and factors for readmission at the time of reapplication, she said.

As it stands, however, Scroggs will be prohibited from the practice of law in Maryland until such time as he is granted readmission to the Oklahoma Bar and reapplies for admission in Maryland. By virtue of the terms of his resignation pending disciplinary proceedings in Oklahoma, that will not occur for at least five years.

WHAT THE COURT HELD

Case:

AGC v. Robert Scott Scroggs, CA Misc. Docket AG No. 16, Sept. Term 2004. Reported. Opinion by Greene, J.; dissent by Raker, J. Filed May 16, 2005.

Issue:

What is the appropriate sanction for an attorney who resigned in another state (Oklahoma) pending disciplinary charges there?

Holding:

A resignation pending discipline is the equivalent of disbarment in Maryland. Respondent disbarred, with right to apply for readmission conditioned on reinstatement in Oklahoma

Counsel:

Bar Counsel Melvin Hirshman for the AGC; Robert Scott Scroggs for respondent.

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