On Friday, July 5, 2024, the Supreme Court of Maryland issued an order in the disciplinary case against Marilyn Mosby, the former State’s Attorney for Baltimore City.
The case originated from Mosby being convicted on two separate counts of federal perjury charges in November 2023 related to withdrawals she made from her city retirement savings plan during the COVID-19 pandemic under a provision of the CARES Act. She was also convicted in February 2024 for making false statements to a mortgage lender regarding a vacation home she purchased in Florida.
In response to the criminal convictions, the Attorney Grievance Commission filed a petition seeking Mosby’s immediate suspension from practicing law. In its order, the high court denied Mosby’s motion to strike the indictment from the grievance petition. The order designated a hearing judge to hold proceedings in accordance with the court’s disciplinary rules. However, it delayed the hearing until the completion of Mosby’s appeals in the criminal case.
The order denied without prejudice the Commission’s request for Mosby’s immediate suspension. Two judges issued a written dissent arguing Mosby should have been suspended immediately pending the outcome of her appeals.
The dissent judges pointed out that Mosby, as a high-ranking public official, committed crimes involving dishonesty that directly undermined the integrity of the legal system and public confidence in the administration of justice. While Mosby was entitled to withdraw funds from her retirement, the dissent noted she deprived the public of penalty payments she owed by lying to qualify for pandemic relief benefits.
The dissent also noted Mosby’s conviction for making false statements to a mortgage lender, saying such dishonesty distorts the underwriting process and increases risks for lenders. This potentially endangers the stability of financial institutions that ultimately impact the public.
While the judges would consider any arguments Mosby presents upon completion of the appeals process, the dissent argued her convictions for intentional dishonesty warranted an immediate suspension to protect the public until the disciplinary case is fully resolved. The order from the high court allows Mosby to continue practicing law, over these objections.
According to Linkedin, Ms. Mosby is a former state’s attorney in Baltimore City. She attended the Boston College Law School.
A copy of the original filing can be found here.
