Application of Moneri for Admission to the Bar ( 2023 )

Show cause hearing held May 5, 2023.
IN THE SUPREME COURT
OF MARYLAND*
Misc. No. 29
September Term, 2022
IN THE MATTER OF THE APPLICATION
OF NEO KAMOHELO MONERI FOR
ADMISSION TO THE BAR OF MARYLAND
Fader, C.J.
Watts
Hotten
Booth
Biran
Gould
Eaves,
Pursuant to the Maryland Uniform Electronic Legal Materials JJ.
Act (§§ 10-1601 et seq. of the State Government Article) this
document is authentic.
2023-06-02 09:21-04:00
Order
Hotten, J., dissents.
Gregory Hilton, Clerk
Filed: May 31, 2023
* During the November 8, 2022 general election, the voters of Maryland ratified a
constitutional amendment changing the name of the Court of Appeals of Maryland to the
Supreme Court of Maryland. The name change took effect on December 14, 2022.
*
IN THE
*
IN THE MATTER OF THE SUPREME COURT
APPLICATION OF NEO *
KAMOHELO MONERI FOR OF MARYLAND
ADMISSION TO THE BAR OF *
MARYLAND Misc. No. 29
*
September Term, 2022
*
ORDER
The Court having considered the favorable recommendations of the Character
Committee for the Seventh Appellate Judicial Circuit and the State Board of Law
Examiners concerning the application of Neo Kamohelo Moneri for admission to the Bar
of Maryland, it is this 31st day of May 2023, by the Supreme Court of Maryland, a majority
of the Court concurring,
ORDERED that the favorable recommendations of the Character Committee for the
Seventh Appellate Judicial Circuit and State Board of Law Examiners are accepted, and it
is further
ORDERED that the applicant shall be admitted to the Bar upon taking the oath
prescribed by the statute.
/s/ Matthew J. Fader
Chief Justice
IN THE SUPREME COURT
OF MARYLAND
Misc. No. 29
September Term, 2022
IN THE MATTER OF THE APPLICATION
OF NEO KAMOHELO MONERI FOR
ADMISSION TO THE BAR OF MARYLAND
Fader, C.J.
Watts
Hotten
Booth
Biran
Gould
Eaves,
JJ.
Dissent to the Order by Hotten, J.
Filed: May 31, 2023
Attorneys enjoy a distinct position of trust and confidence that carries the
significant responsibility and obligation to be caretakers for the system of
justice that is essential to the continuing existence of a civilized society. Each
attorney, therefore, as a custodian of the system of justice, must be conscious
of this responsibility and exhibit traits that reflect a personal responsibility
to recognize, honor, and enhance the rule of law in this society.
Md. Att’ys’ Rules of Prof. Conduct App’x 19-B (emphasis added).
Respectfully, I dissent from the majority. I am not persuaded that Mr. Moneri has
demonstrated the requisite character and fitness to practice law in Maryland. The conduct
reflected in the record suggests a self-centered and reckless disregard for the property
interests of others, the law and legal process.1 Such traits are inconsistent with the requisite
character and fitness to practice law.
We expect attorneys who practice law to exemplify the highest virtues of character,
honesty, and integrity. Those qualities serve as the underpinnings for our profession and
have been the hallmark of the careers of many distinguished members of our Bar. Matter
of Knight, 464 Md. 118, 120–21, 211 A.3d 265, 266 (2019) (“No attribute in a lawyer is
more important than good moral character; indeed, it is absolutely essential to the
preservation of our legal system and the integrity of the courts.” (internal quotation marks
and citation omitted)). The practice of law is a privilege. This privilege is a sacred trust,
the acceptance of which is accompanied by a measure of responsibility. Attorneys are
entrusted with safeguarding client funds, confidences, the responsibility to comply with the
law and timely adhere to court appearances. See, e.g., Att’y Grievance Comm’n v. Ficker,
1
In its Report and Recommendation, the Character Committee recognized that Mr.
Moneri knew what “he was doing . . . to be wrong,” but believed he could “negate the
wrongfulness of [his] conduct[]” by “remedy[ing] [his] wrongdoing quickly[.]”
477 Md. 537, 566, 271 A.3d 227, 244 (2022) (citation omitted) (“Competent representation
. . . requires the attorney’s presence at any court proceeding for which he or she was
retained, absent an acceptable explanation for that attorney’s absence.” (emphasis added)
(internal quotation marks and citation omitted)); Att’y Grievance Comm’n v. Jones, 428
Md. 457, 469, 52 A.3d 76, 83 (2012) (“It has been our long-held . . . position that the
entrustment to [attorneys] of the money and property of others involves a responsibility of
the highest order, and further, that [a]ppropriating any part of those funds to their own use
and benefit without clear authority to do so cannot be tolerated.” (emphasis added)
(internal quotation marks and citations omitted)).
On the day the Court scheduled the hearing to consider Mr. Moneri’s application
for admission, he appeared an hour late, presenting no excuse or explanation for his
tardiness. During his remarks to the Court, he acknowledged appreciation for the wrongful
nature of his conduct yet offered no excuse or explanation for it. What a disappointing
reflection regarding the importance of respecting the privilege to practice law. One can
hope that Mr. Moneri dedicates himself to ensuring that the behaviors which caused
concerns regarding his character and fitness to enter this noble legal profession, do not
repeat themselves. Only if he takes this humbling moment to heart and practices law
consistent with the high standards applicable to this profession, will he do well.
Accordingly, I dissent.
2