Board of Overseers of the Bar v. William B. Entwisle, Esq.

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Docket No.: GCF#14-434

Issued by: Grievance Commission

Date: July 20, 2015

Respondent: William B. Entwisle, Esq.

Bar Number: 003933

Order: Reprimand

Disposition/Conduct: Disobeying the obligations or rules of a tribunal, Failure to provide timely discovery to the accused, Misconduct

STIPULATED REPORT of FINDINGS AND ORDER of Panel A of the GRIEVANCE COMMISSION
M. Bar R. 13

On July 20, 2015 with due notice and pursuant to Maine Bar Rule 13, Panel A of the Grievance Commission conducted a public disciplinary hearing concerning misconduct by Respondent William B. Entwisle, Esq. The Board of Overseers of the Bar (the Board) commenced this disciplinary proceeding by filing a Stipulated Disciplinary Petition on June 11, 2015.

At the hearing, Entwisle was present and represented by Attorney Marvin H. Glazier, and the Board was represented by Bar Counsel J. Scott Davis. Complainant Brian C. Danielson was not in attendance at the hearing. At least by April 27, 2015 the Board had been notified by the U. S. Postal Service that the last mailing address provided by Danielson was void, i.e. mailings were now "not deliverable" to him. In addition, although Board staff had earlier had email correspondence with Danielson, on June 8, 2015 the email address provided by Danielson was no longer in service. Prior to the hearing date, the parties submitted that stipulated proposed sanction Report for this Panel?s review and consideration.

Having reviewed the stipulated, proposed findings as presented by counsel, the Panel makes the following disposition:

FINDINGS

Respondent William B. Entwisle, Esq. of Ellsworth, Maine has been at all times relevant hereto an attorney duly admitted to and engaging in the practice of law in the State of Maine, subject to the Maine Bar Rules and the Maine Rules of Professional Conduct. He was admitted to practice in Maine in 1988 and has been employed as a criminal prosecutor since 2003.

On or about September 14, 2014, Brian C. Danielson filed a complaint with the Board against Entwisle alleging that he acted improperly in his capacity as an Assistant District Attorney (ADA) for Prosecutorial District #7 (comprising Hancock and Washington Counties). As stated in the Stipulated Disciplinary Petition of April 22, 2015 in this matter, ADA Entwisle now admits and agrees he engaged in misconduct that violated Rules 3.4(c); 3.8(b); and 8.4(a) of the Maine Rules of Professional Conduct for which he should receive a reprimand.

The conduct that resulted in those Rules violations by ADA Entwisle is set forth as follows:

  • Robert Cousins was charged in May 2013 with three Class D fish and game violations. He handled those matters pro se and proceeded with a jury trial on June 17, 2014. ADA Entwisle handled the processing of Cousins' discovery matters and prosecuted this matter for the State. Upon hearing certain evidence at that jury trial, the court determined that its earlier dismissal without hearing of Cousins' Motion to Suppress Evidence was in error. In addition, the court also then learned that the State (ADA Entwisle) had failed to provide "any discovery to the defendant until 6/3/2014," a date that was almost a full year after Cousins had been arraigned on those three charges. As a result of those two combined deficiencies, the court declared a mistrial. Cousins was later prosecuted before a new jury, resulting in his conviction on one of those counts against him.
  • In November 2013 Jonathan Troth was charged with Theft (Class D). He was represented by counsel. ADA Entwisle handled this matter for the State. In that regard, as a result of ADA Entwisle's failure to comply or respond to the court's earlier order of April 14, 2014, "to provide video tape (to defendant's counsel) by May 9, 2014," on July 14, 2014, the court ordered dismissal of that criminal charge.

    • Accordingly Entwisle now agrees that his conduct and actions In these two separate criminal prosecutions violated M. R. Prof. Conduct 3.4(c) (disobeying the obligations or rules of a tribunal); 3.8(b) (failure to provide timely discovery to the accused); and 8.4(a) (conduct in violation of any provision of the Maine Rules of Professional Conduct) in each instance.

    CONCLUSION AND SANCTION

    The Maine Rules of Professional Conduct specifically require attorneys to uphold their responsibilities as officers of the court. Accordingly, based upon ADA Entwisle's improper actions and lack of appropriate professional judgment, the Panel finds - as he agrees - that he violated M. R. Prof. Conduct 3.4(c); 3.8(b); and 8.4(a). The Panel notes that ADA Entwisle has taken responsibility for his behavior. He has acknowledged the wrongfulness of his actions and expressed remorse to the Panel for his violations of those particular portions of the Maine Rules of Professional Conduct. Bar Counsel has confirmed to the Panel that ADA Entwisle has no prior disciplinary or sanction record on file with the Board.

    The Panel further notes that the purpose of bar disciplinary proceedings is not punishment, but rather the protection of the public from attorneys who have demonstrated that they are unable to properly discharge their professional duties. Since the evidence supports a finding and ADA Entwisle agrees that he did in fact violate the above-referenced portions of the Maine Rules of Professional Conduct, the Panel finds that a public reprimand serves those purposes.

    Therefore, the Panel accepts the agreement of the parties, including Attorney Entwisle's separately executed waiver of the right to file a Petition for Review, and concludes that the appropriate disposition of this case is a Public Reprimand. Pursuant to M. Bar R. 13, the Panel hereby issues that Reprimand to William B. Entwisle, Esq.

    Date: July 20, 2015

    M. Ray Bradford, Jr., Esq., Panel Chair
    Sarah McPartland-Good, Esq., Panel Member
    Milton R. Wright, Public Member