Subject: Re: RE: Automatic reply: MPIA

From: "'Marlena Jareaux'" <mjareaux@26thingstoteach.com>

To: "'Marianne Lee'" <Marianne.Lee@agc.maryland.gov>

Sat, 05 Aug 2017 08:48:39 -0700

Hi and thank you.

To address a few things you put in your PIA response, I want to first and foremost be clear
that I have very clearly articulated more than once that what I'm seeking is something that
your own Guidelines indicate should be present in TWO realms: the AGC and the Office of
Bar counsel. And since you write that you are authorized to respond for both entities, I need
to redirect you. In your response you wrote "..Bar Counsel has again advised that presently
there are no written policies and procedures for the processing of complaints beyond those
enumerated in the Maryland Rules. .."

Ms Lee, that's not what I asked you.

Your answer implies that there may have been one at some time, but that "presently " there
isn't one being utilized or perhaps acknowledged by Bar Counsel. Since you keep referring
me to the Rules, Rule 19-711 reads clearly that Bar counsel is to provide an acknowledgment
of the receipt of complaints AND explain in writing the procedures for investigating and
processing complaints. I have asked for this from you repeatedly, and I've also asked a staff
attorney processing a complaint for the same...to no avail.

Very clearly and from the start of adoption of the internal guidelines in 2001, reference is
made in two different areas concerning policy decisions, office procedures and methods of
processing complaints (in anticipation, I imagine, of the obligation imposed by the Rules for
complainants to be given the information). In 3.23 it is written that it will be THE
COMMISSION that establishes these things, and it was up to Bar Counsel to implement them.
And in 4.3 is reads that Bar Counsel will create and maintain a manual that encompasses
the info detailed in 3.23

As a PIA rep for BOTH, I have now asked you for the information that applies to BOTH
entities, and you have formally replied on behalf of both that the information articulated in
the 2001 adopted guidelines that survived and was not struck from subsequent adoptions
was essentially never done by either entity. Unless you are hinging upon the word
"presently" in terms of Bar Counsel's manual in 4.3. I did not ask you to find out from them
if there is one that they are currently using. I asked for disclosure of the manual, as
described in 4.3 and additionally the method of processing complaints that 3.23 indicates
was established by the Commission.
I am making sure we are both on the same page before I deem your response non-
responsive to my request.

Additionally, the Guidelines indicated that there were to be "designated members of the
Commission" who were to do specific duties outlined in 3.23. I asked for disclosure of those
individuals who acted as such from 2012 forward. Your response was to print out the
website page which listed the 2017 Commission members, Exec Secretary, Office of Bar
Counsel staff to also include the Office Manager. You indicated that there wasn't a
"..document in our custody responsive.." related to my request for the identity of the
individuals who had the role from 2012 forward. I deem your response to be non-
responsive to my request.

Marlena

-------- Original Message ----------

Dear Ms. Jareaux:

This will acknowledge receipt of your email below. A written response, with enclosures, were sent
to you via mail on July 31, 2017. Enclosed is a copy of same, along with its enclosures.

Sincerely,

Marianne J. Lee

Executive Secretary

Attorney Grievance Commission of Maryland

200 Harry S. Truman Parkway, Suite 300

Annapolis, MD 21401

410-514-7085

Confidentiality Note: This email message and attachments contain information which is confidential and/or
legally privileged. The information is intended only for the use of the individual or entity named on this email.
If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the
taking of any action in reliance on the contents of this email information, is strictly prohibited and that the
documents should be returned to me immediately. If you have received this email in error or by accidental
transmission, please notify me by return email or telephone (410-514-7085) immediately, delete all electronic
copies of this email and all attachments and destroy all hard copies.Thank you.

From: Marlena Jareaux [mailto:mjareaux@26thingstoteach.com]

Sent: Friday, August 04, 2017 3:33 PM
To: Marianne Lee <Marianne.Lee@agc.maryland.gov>; Marlena Jareaux <mjareaux@26thingstoteach.com>
Subject: Re: Automatic reply: MPIA

Ms. Lee

For your reference, I received this auto-reply from your email account for an email i sent to both you and Sharon Gross concerning
the PIA request that you and I were communicating about. In the email, I made reference to the possibility that you would deem
parts or all of my request a NEW one under PIA. Even if that was the case, we are coming up on the statutory time period for
complying which is what is triggering this email to you.

Just checking to ensure that a response is coming.

Marlena Jareaux

----- Original Message -----

From:

"Marianne Lee" <Marianne.Lee@agc.maryland.gov>

To:

"Marlena Jareaux" <mjareaux@26thingstoteach.com>

Cc:

Sent:

Fri, 7 Jul 2017 19:12:09 +0000

Subject:
Automatic reply: MPIA

I will be out of the office from June 30 to July 7, 2017. If you need immediate assistance, please contact my assistant Sharon Gross
at 410-514-7085. Otherwise, I will return messages after I return to the office on July 10, 2017.