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IN THE COURT OF APPEALS OF MARYLAND Misc. Docket (Subtitle AG) NO. 25

SEPTEMBER TERM, 1998

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND V. RICHARD E. PAINTER

Bell, C. J. Eldridge Rodowsky Raker Wilner Cathell Karwacki, Robert L.(Retired, Specially Assigned), JJ.

Opinion By Bell, C.J.

FILED: October 13, 1999

The Attorney Grievance Commission of Maryland, the petitioner, through Bar Counsel and pursuant to Maryland Rule 16-709,1 filed a Petition for Disciplinary Action against Richard E. Painter, the respondent, alleging that the respondent engaged in misconduct involving domestic violence and abuse of his wife and children. More particularly, the petitioner charged that the respondent violated Rule 8.42 of the Maryland Rules of Professional Conduct, Maryland Rule 16-812, Appendix: Rules of Professional Conduct of the Maryland Rules. We referred the matter to the Honorable Martha G. Kavanaugh of the Circuit Court for Montgomery County, to make findings of fact and draw conclusions of law pursuant to Maryland Rule 16-711(a).3 Following a hearing, Judge Kavanaugh filed Findings of Fact

1

Maryland Rule 16-709, as relevant, provides:

"a. Who may file.- Charges against an attorney shall be filed by the Bar Counsel acting at the direction of the Review Board."

2

As relevant, that Rule provides:

"It is professional misconduct for a lawyer to: * * * * "(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; * * * * "(d) engage in conduct that is prejudicial to the administration of justice."

Maryland Rule 16-711(a) provides: "A written statement of the findings of facts and conclusions of law shall be filed in the record of the proceedings and copies sent to all parties."
3

and Conclusions of Law as follows: "On December 7, 1998, a hearing was held before this court. Counsel for the Attorney Grievance Commission, James Botluk, was present and respondent, Richard E. Painter, was present, pro se. Two police officers and respondent testified. Without objection by respondent to any hearsay contained in the documents, the court received the following exhibits: 1) the police report and the docket entries in criminal case State v. Painter, (Montgomery County criminal case number C71368), and 2) the trial transcript of respondent's divorce case Painter v. Painter, (Montgomery County civil case no. 113985), and the resultant appellate decision Painter v. Painter, 113 Md. App. 504 (1997). "On April 15, 1994, the Grand Jury for Montgomery County indicted respondent, on a twelve-count indictment alleging various degrees of domestic violence against his wife and children. The charges ranged from attempted murder to stalking. On December 19, 1994, respondent pled guilty to two counts of transporting a handgun and two counts of battery. The court disposed of the case under Article 27

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