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IN THE COURT OF A PPEALS OF MARYLAND Misc. Docket (Subtitle AG) No. 28 SEPTEMBE R TERM, 2001 ________________________________________

ATTORNEY GRIEVANCE COMMISSION OF MARYLAND V. PATRICK LEWIS SULLIVAN ________________________________________ Bell, C.J. Eldridge Raker Wilner Cathell Harrell Battaglia JJ. __________________________________________ Opinion by Bell, C.J. __________________________________________ FILED: June 26, 2002

The Attorney Grievance Commission of Maryland, the petitioner, acting through Bar Counsel and at the direction of the Review Board, see Maryland Rule 16-709,1 filed a Petition for Discip linary Action a gainst Patric k Lewis Sullivan, the responde nt, charging him with misconduc t, as defined by Rule 16-701.k,2 in connection with his handling, as co-

Rule 16-709(a), which formerly governed the filing of statements of charges by Bar Counse l, stated that "[c]harges against an attorney shall be filed by the Bar Counsel acting at the direction o f the Rev iew Bo ard." Auth orization to f ile charges in the Cou rt of App eals now comes from the A ttorney Grieva nce Com mission. Se e Maryland Rule 16-751, which was adopted November 30, 2000, effective July 1, 2001. The filing of charges with the Attorney Grievance Commission is governed by Rule 16-741, which provides as follows: "(a) Filing of Statement of Charges. (1) Upon completion of an investigation , Bar Cou nsel shall file with the Commission a Statement o f Charges if Bar Counsel determine s that: (A) the attorney either engaged in conduct constituting profession al misconduc t or is incapacitated; (B) the professional misconduct or the incap acity does not warrant an immediate Petition for Disciplinary or Remedial Action; (C) a Conditional Diversion Agreement is either not appropriate under the circumstances or the parties were unable to agree on one; and (D) a reprimand is either not appropriate under the circumstances or (i) one was offered and rejected by the attorney, or (ii) a proposed reprimand was disapproved by the Commission and Bar Counsel was directed to file a Statement of Ch arges."

1

That section provides: "Misco nduct.

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Maryland Law