M. Bar R. 23

(a) Notification. A Maine lawyer found guilty of any crime shall,

within 30 days after the judgment, transmit a certified copy of the judgment of

conviction to counsel for the lawyer disciplinary agency of every jurisdiction in

which the lawyer is admitted to practice. The lawyer shall also submit a

certified copy of the judgment of conviction with registration materials to the

professional licensing agency of every jurisdiction in which the lawyer seeks

admission to practice, following entry of the judgment.

(b) Determination of “Serious Crime.” Upon being advised that a

lawyer subject to the disciplinary jurisdiction of the Court has been found guilty

of any crime, Bar Counsel shall determine whether the crime constitutes a

“serious crime” warranting immediate interim suspension. If the crime is a

“serious crime,” Bar Counsel may prepare an order for interim suspension and

forward it to the Court and the respondent with proof of the finding of guilt.

Bar Counsel shall in addition file formal charges against the respondent

predicated upon the finding of guilt. On or before the date established for the

entry of the order of interim suspension, the lawyer may assert any

jurisdictional deficiency that establishes that the suspension may not properly

be ordered, such as that the crime did not constitute a “serious crime” or that

the lawyer is not the individual found guilty. If the crime is not a “serious

crime,” Bar Counsel shall process the matter in the same manner as any other

information coming to the attention of the Board.

(c) Definition of “Serious Crime.” A “serious crime” is any felony or

any lesser crime that reflects adversely on the lawyer’s honesty,

trustworthiness, or fitness as a lawyer in other respects, or any crime a

necessary element of which, as determined by the statutory or common law

definition of the crime, involves interference with the administration of justice,

false swearing, misrepresentation, fraud, deceit, bribery, extortion,

misappropriation, theft, or an attempt, conspiracy or solicitation of another to

commit a “serious crime.”

(d) Immediate Interim Suspension. The Court has exclusive power

to place a lawyer on interim suspension.

(1) Imposition. The Court may place a lawyer on interim suspension

immediately upon proof that the lawyer has been found guilty of a serious

crime, regardless of the pendency of any appeal. In the interest of justice, the

Court may elect not to impose an interim suspension upon a showing of

extraordinary circumstances, after affording Bar Counsel notice and an

opportunity to be heard.

(2) Termination. The Court has exclusive power to terminate an

interim suspension. In the interest of justice, the Court may terminate an

interim suspension at any time upon a showing of extraordinary circumstances,

after affording Bar Counsel notice and an opportunity to be heard.

(e) Conviction as Conclusive Evidence. For purposes of a hearing on

formal charges filed as a result of a finding of guilt, a certified copy of a

conviction constitutes conclusive evidence that the lawyer committed the

crime, and the sole issue in any such hearing shall be the nature and extent of

the discipline to be imposed.

(f) Automatic Reinstatement from Interim Suspension upon

Reversal of Finding of Guilt or Conviction. If a lawyer suspended solely

under the provisions of Rule 23(d) demonstrates that the underlying finding of

guilt or conviction has been reversed or vacated, the order for interim

suspension shall be vacated and the lawyer placed on active status. The

vacating of the interim suspension will not automatically terminate any formal

proceeding then pending against the lawyer, the disposition of which shall be

determined by the Grievance Commission panel and the Board on the basis of

the available evidence other than the finding of guilt or conviction.

(g) Notice to Clients and Others of Interim Suspension. An interim

suspension under this rule shall constitute a suspension of the lawyer for the

purpose of Rule 31.