Opinion
No. 105482.
November 5, 1996.
Leave to Appeal Denied November 5, 1996:
The Supreme Court agrees with the following directive of the Court of Appeals in this matter and adopts it as its own directive:
Pursuant to MRPC 8.3(a) and (b), in light of the testimony at the evidentiary hearing on remand and the findings of fact made by Judge Worthy, the Clerk is instructed to send a copy of this order and of the evidentiary hearing transcript to the Attorney Grievance Administrator for appropriate investigation concerning the actions of James O'Connell (P 18397). This Court intimates no opinion as to the actions that should be taken by the Attorney Grievance Administrator or any other disciplinary authority, but notes that Mr. O'Connell testified under oath that he engaged in an improper ex parte discussion of the merits of a pending case with the trial judge, and also instructed his client to falsely deny on the record that promises were made in exchange for his waiver of trial by jury. MRPC 3.3(a)(2); MRPC 3.4(b).
Court of Appeals No. 181796.