An Anne Arundel County lawyer who told police he gave a woman a Vicodin in exchange for a sexual encounter has been suspended for 60 days by the Court of Appeals.

It was the second sex-related discipline charge for Arnold-based solo practitioner Jeffrey S. Marcalus. In 2007, he was suspended indefinitely for sending sexual text messages to a client and touching her suggestively in a courthouse while waiting for trial to begin.

A 4-3 majority declined to give Marcalus a harsher sanction because his behavior came to light only after he told police about the Vicodin-for-oral sex exchange to protect his client, who was accused of raping the woman with whom Marcalus made the illicit deal.

“Marcalus’s effort to help his client was out of the ordinary, in that he willingly placed his own self-interest in jeopardy in order to serve his client’s interests,” Judge Sally D. Adkins wrote.

The three-judge minority argued that Marcalus should have been suspended indefinitely, with the right to apply for readmission in six months. Judge Glenn T. Harrell Jr., joined by Judges Lynne A. Battaglia and Mary Ellen Barbera, wrote that he considered Marcalus’ prior disciplinary offense a major aggravating factor.

“It would seem, given the nature of the misconduct in the present case, that Marcalus has some judgment shortcomings when it comes to acting-out as his libido moves him,” Harrell wrote. “When this sort of conduct becomes public, it tends to cast the image of lawyers and the legal profession in an unflattering light, to say the least.”

He also questioned whether Marcalus’ revelation of the Vicodin exchange was really as altruistic as the majority concluded. It is possible that Marcalus “failed to appreciate the possible consequences to his own professional standing,” Harrell wrote.

Andrew Jay Graham, who represented Marcalus, expressed satisfaction with the sanction.

“The court has a lot of discretion on these things and 60 days is only 60 days, and I think Mr. Marcalus can weather that and in 60 days be out serving his clients,” said Graham, of Kramon & Graham P.A. “I think he’s a good lawyer and a nice person, and I was gratified by the fact that the court did recognize that Jeff acted in the best interest of his client and was rather selfless in doing that.”

According to the court’s opinion and the findings of Anne Arundel County Circuit Court Judge Ronald A. Silkworth, in January 2008, a woman alleged that a man named Larry Berlin raped her in an office building. Berlin and his attorney, Marcalus, met with police to discuss the allegations.

Upon learning that Berlin’s accuser was a woman referred to in the opinion simply as “Michelle,” Marcalus stopped representing Berlin because he knew Michelle. He said he once had an office in the same building as Michelle and Berlin.

The next day, Marcalus met with officers to tell them details of Michelle’s sex life — which he had learned from a mutual friend in the building — because, he said, he thought they might be important to the case.

He also told the officers that he was at one time on prescription Vicodin, and that he had shared some of it with the mutual friend. Michelle learned about the Vicodin and asked Marcalus for a pill. Marcalus asked Michelle what was in it for him, and she responded that she would perform oral sex on him. They met in the women’s restroom, and after the encounter, he handed over the pill.

Subsequently, they had sex on multiple occasions.

Police considered Marcalus’ revelations important to Michelle’s allegations because they would bear on her credibility. Ultimately, no charges were brought against Berlin.

The officers reported their conversation with Marcalus to the Attorney Grievance Commission. After holding a hearing, Silkworth concluded that Marcalus had violated the Maryland Rules of Professional Conduct dealing with criminal conduct — even though he was never charged — and conduct prejudicial to the administration of justice.

Bar Counsel had recommended that Marcalus be disbarred.

Bar Counsel’s office has a policy of not commenting on disciplinary decisions.

Marcalus’ suspension begins in 30 days.