|
View Case
|
|
Cited Cases
|
|
Citing Cases
|
|
Comment (0)
|
 |
|
|
|
|
|
|
|
IN RE MORRISSEY
305 F.3d 211 (2002)
United States Court of Appeals, Fourth Circuit.
Argued June 4, 2002.
MEMORANDUM OPINIONBefore the Court is the United States' Motion to Suspend or Disbar Joseph D. Morrissey from practicing before the United States District Court for the Eastern District of Virginia.1 In response to that motion, a Federal Rules of Disciplinary Enforcement Counsel was appointed pursuant to Federal Rule of Disciplinary Enforcement ("F.R.D.E.") V(A). The F.R.D.E. counsel filed a report recommending disbarment. On January 25, 2001, in accordance with F.R.D.E. V(C), Morrissey was ordered to show cause why he should not be disbarred. The undersigned judges were appointed to consider this matter pursuant to F.R.D.E. V(D) and an evidentiary hearing was held on April 3, 2001. At the hearing, Morrissey, who was represented by counsel, presented numerous local citizens as character witnesses and members of the Bar to describe his legal skills. He also filed various posthearing documents, some without leave of court, however, all of which have nevertheless been considered. For the reasons set forth herein, the United States' Motion will be GRANTED. I. Morrissey's History of Misconduct Frequent episodes of unethical, contumacious, or otherwise inappropriate conduct mar Joseph D. Morrissey's career as prosecutor and private defense attorney. Evidence gathered by F.R.D.E. Counsel and made a part of the record during the hearing before this panel demonstrates Morrissey's fifteen year history of contempt citations, reprimands, fines, suspensions, and even incarcerations arising from unprofessional conduct mostly involving an uncontrollable temper, inappropriate responses to stress and dishonesty. This history of misconduct is well documented. On March 24, 1986, the Richmond Circuit Court held Morrissey in contempt and fined him $50 for berating the judge and continuing to argue after the court's ruling.2See Commonwealth v. Miles, No. 86-F-129(Va.Cir.Ct. March 24, 1986); Morrissey v. Virginia State Bar, 260 Va. 472, 538 S.E.2d 677, 680 (2000). In December 1987, the Henrico County Circuit Court twice cited Morrissey for contempt in the same trial, fining him $50 for the first violation and $100 for the second. See Commonwealth v. Walker, No. 87-F-1143 (Va.Cir.Ct. Dec. 18, 1987); Morrissey v. Virginia State Bar, 538 S.E.2d at 680. Morrissey was again cited for contempt and fined $50 in the Henrico County Circuit Court on May 3, 1988. See Commonwealth v. Gudd, No. 88-F-8 (Va.
Cir.Ct. May 3, 1988); Morrissey v. Virginia State Bar, 538 S.E.2d at 680. Disciplinary proceedings were instituted against Morrissey on April 12, 1990, however, the Virginia State Bar Disciplinary Committee offered to dismiss a disciplinary complaint on the condition that Morrissey attend the Virginia State Bar professionalism course upon his return to private practice. See Notice of Dismissal upon Terms, F.R.D.E. Counsel Report, Ex. 6. On December 28, 1990, the Virginia State Bar District Disciplinary Committee reprimanded Morrissey for failing to timely file a petition for appeal, failing to file a habeas corpus petition, and failing to inform his client of these omissions. The Disciplinary Board later affirmed this reprimand. See Morrissey v. Virginia State Bar, 538 S.E.2d at 680.
1. Those rules have been renumbered and slightly, but inconsequently, rewritten as Rules 8.4(b) and (c). 2. 18 U.S.C. § 1001 makes criminal in such cases as here knowingly falsely concealing a material fact, or falsely making a material statement, or using any false document making a false statement. 1. Pursuant to Local Rule 83.1(L), all attorneys practicing in this district are admitted "subject to the rules, conditions and provisions" of the Federal Rules of Disciplinary Enforcement (F.R.D.E.) as enacted in Appendix B to the Local Rules. Disbarment for misconduct may be imposed "for good cause shown, and after notice and opportunity to be heard." F.R.D.E. IV. 2. The court subsequently vacated this conviction after Morrissey submitted a written apology. 3. Local Rule 57(c), captioned "Pending Criminal Proceedings — Specific Topics," provides:
From the time of arrest, issuance of an arrest warrant, or the filing of a complaint, information, or indictment in any criminal matter until the termination of trial or disposition without trial, a lawyer or a law firm associated with the prosecution or defense shall not release or authorize the release of any extrajudicial statement which a reasonable person would expect to be further disseminated by any means of public communication ... 4. 18 U.S.C. § 1001(a) provides, in relevant part, that
[W]hoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully — (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both. 5. During a lengthy evidentiary hearing, Judge Payne received testimony from several witnesses corroborating the chain of events described herein. At the close of the evidence, Judge Payne expressly declined to credit the testimony of Morrissey and one of his witnesses. See Hearing Transcript, October 28, 2000, F.R.D.E. Counsel Report, Ex. 29, at 291-94. Judge Payne concluded that the "conditions of probation have not been met," noting that the evidence supported his finding under either a preponderance of the evidence or clear and convincing standard. Id. at 294. 6. Local Rule 83.1, captioned "Attorneys and Pro Se Parties," currently provides in relevant part:
(I) Professional Ethics. With the exception of Virginia Rule of Professional Conduct 3.6 (the subject of which is covered by Local Criminal Rule 57), the ethical standards relating to the practice of law in this Court shall be the Virginia Rules of Professional Conduct, as published in the version effective January 1, 2000. * * * (L) Federal Rules of Disciplinary Enforcement. All counsel admitted to practice before this Court or admitted for the purpose of a particular proceeding (pro hac vice) shall be admitted subject to the rules, conditions and provisions set forth in full as Appendix B to these Rules. 7. The Virginia Rules of Professional Conduct took effect on January 1, 2000, replacing the Virginia Code of Professional Responsibility. F.R.D.E. counsel has referred the Court to the relevant provisions of the Code and the corresponding Rules now in force. Compare Virginia Code of Professional Responsibility, DR 1-102(A)(3), (4) with Virginia Rules of Professional Conduct, R. 8.4(b), (c). 8. Morrissey v. Virginia State Bar, 538 S.E.2d at 682. "Contrary to Morrissey's assertions, he did not merely `aggressively' assert the rights of his clients. Rather, the record demonstrates that he has repeatedly acted in flagrant disregard of the ethics and standards necessary to maintain public confidence in the legal profession." Id. at 681.
This Virginia Supreme Court opinion did not even consider Morrissey's misconduct while on probation in the Harris matter.
|
|
|
|
|