D.D.C. LCrR 57.27

(a) SERVICE OF PROCESS.

Service of process under these Rules shall be made by certified mail addressed to the

attorney (hereinafter attorney or respondent) at the last known address or at the last

recorded address filed with the Clerk of the Court as required pursuant to LCrR 57.21(g).

If service cannot be so made, service shall be sufficient when served on the Clerk of this

Court and all time periods specified in these Rules shall run from the time of such

service. If service is made by serving the Clerk, a courtesy copy shall be mailed to the

respondent by first class mail at his/her last known address.

(b) ATTORNEYS CONVICTED OF CRIMES.

(1) FELONIES.

Upon presentation to the Disciplinary Panel of a certified copy of a court record

demonstrating that an attorney subject to these Rules has been found guilty of a

felony in any court, the attorney shall be immediately suspended from practicing

before this Court by order of the Disciplinary Panel, whether the finding resulted

from a plea of guilty or nolo contendere or from a verdict after trial or otherwise,

and regardless of the pendency of an appeal. The Disciplinary Panel may defer

entry of the order or set aside an order of suspension when it appears to the Panel

in the interest of justice to do so.

Upon presentation of proof that the conviction is final, and regardless of the

pendency of an appeal or other review of the conviction or of a Petition for Writ

of Certiorari, the respondent shall be disbarred and the attorney's name shall be

struck from the roll of members of the Bar of this Court by order of the

Disciplinary Panel, unless within a period of 30 days from the date of the order,

the respondent shows cause why disbarment would not be in the interest of

justice.

(2) MISDEMEANORS.

An attorney subject to these Rules who shall be convicted in any court of a

misdemeanor may be disciplined in such manner and to such extent as the

Disciplinary Panel may determine and may upon petition of the Committee and

for good cause shown, be temporarily suspended pending a final decision of the

Disciplinary Panel.

Upon receipt of a certified copy of such judgment of conviction, the Committee

shall obtain an order from the Disciplinary Panel requiring the respondent to show

cause within 30 days after service in accordance with LCrR 57.27(a) why the

attorney should not be disciplined. If the respondent files a timely Answer, the

Committee shall have 30 days within which to file a response thereto if it so

desires. The Committee shall serve a copy of its response, if any, upon the

respondent or respondent's counsel of record by first class mail, or failing that, in

accordance with LCrR 57.27(a).

Upon the filing of the respondent's Answer to the Order to Show Cause and any

response thereto by the Committee, or if no answer has been filed, upon the filing

of a recommendation by the Committee, the matter shall be promptly submitted to

the Disciplinary Panel for its consideration. The Disciplinary Panel may, in its

discretion, schedule a hearing. If a hearing is scheduled, the Chair or designated

member(s) of the Committee shall appear at the hearing and offer proof or

arguments pertinent to the issues. After the hearing or, if no hearing is scheduled,

upon a review of the papers submitted, the Disciplinary Panel shall take such

action as these Rules and justice may require. In all proceedings hereunder the

certified copy of judgment of conviction shall constitute conclusive proof of the

respondent's guilt of the conduct for which the respondent was convicted. The

pendency of an appeal or other review of the conviction or of a petition for writ of

certiorari will not constitute a ground for failing to proceed in accordance with

this Rule absent extraordinary circumstances and for good cause shown.

(3) REINSTATEMENT FOLLOWING SUSPENSION.

An attorney suspended under LCrR 57.27(b)(1) or (2) will be reinstated

immediately upon the filing of a certificate demonstrating that the conviction has

been reversed, vacated, or set aside, but the reinstatement will not terminate any

formal disciplinary proceeding then pending against the attorney, the disposition

of which shall be determined by the Committee on the basis of the available

evidence.

(c) DISCIPLINE IMPOSED BY OTHER COURTS.

(1) POLICY OF RECIPROCAL DISCIPLINE.

An attorney subject to these Rules who has been suspended for more than 30 days

or disbarred by another court shall be automatically suspended from practice in

this Court. The suspension shall be effective upon service of Temporary

Suspension and Show Cause Order in accordance with these Rules. An attorney

who has been suspended for 30 days or less by another court shall have the fact of

that discipline noted by the Clerk on the Lawyers' Register maintained by this

Court, and no further proceedings shall be had thereon, unless the Committee on

Grievances shall determine that the facts underlying the discipline warrant a

proceeding for the imposition of discipline by this Court. Notations on the

Lawyers' Register do not constitute discipline imposed by the Court and they shall

be available only to the Court and to the Committee and shall not be matters of

public record.

(2) ISSUANCE OF TEMPORARY SUSPENSION AND SHOW CAUSE ORDER.

Upon receipt of a certified or exemplified copy of a judgment or order from

another court suspending or disbarring an attorney subject to these Rules, the

Disciplinary Panel of this Court shall issue a Temporary Suspension and Show

Cause Order suspending the attorney from practice before this Court pending a

final disposition under these Rules, except where it finds extraordinary

circumstances. Respondent may answer and show cause within 30 days after

service of the Order why the imposition of the identical discipline by the Court

would be unwarranted and the reasons thereof.

(3) DUTIES OF THE CLERK.

The Clerk to the Committee thereupon shall cause to be served on the attorney the

following documents: a copy of the judgment or order of discipline imposed by

the other court; a certified copy of this Court's Temporary Suspension and Show

Cause Order; and a copy of LCrR 57.27.

(4) PROCEDURES WHEN RESPONDENT FAILS TO ANSWER.

If respondent fails to answer to show cause within 30 days from service of the

Temporary Suspension and Show Cause Order, this Court shall issue an Order

vacating the Temporary Suspension and Show Cause Order and imposing the

identical discipline or such other discipline it deems appropriate, unless it finds

that upon the face of the record on which the discipline by the other court is

predicated it clearly appears:

(i) that the procedure was so lacking in notice or opportunity to be heard as to

constitute a deprivation of due process; or

(ii) that proof establishing the misconduct gives rise to a reasonable doubt that

this Court could not, consistent with its duty, accept as final the conclusion

of the disciplining court; or

(iii) that the imposition of the same discipline by this Court would result in

grave injustice; or

(iv) that the misconduct established is deemed by this Court to warrant

substantially different discipline; or

(v) that the misconduct on which the discipline was imposed by the other

court does not constitute misconduct in the District of Columbia.

Where this Court determines that any of these elements exist, it shall enter such

other order as it deems appropriate.

(5) PROCEDURES WHEN RESPONDENT ANSWERS.

If the respondent files a timely Answer, the Committee shall have 30 days within

which to file a response and make a recommendation to the Court. Upon

consideration of the papers submitted by the respondent and by the Committee,

the Court shall either (1) enter an Order vacating the Temporary Suspension and

Show Cause Order and imposing the identical discipline or such other discipline it

might find appropriate, or (2) if the Court finds that, upon the face of the record

on which the discipline in another jurisdiction is predicated it clearly appears that

one or more of the factors listed in subparagraphs (4)(i)-(v) exists, it shall enter

such other order as it deems appropriate.

(6) CENSURE OR REPRIMAND.

Where discipline imposed by the other court is a public censure or reprimand, the

Clerk shall note the fact of that discipline on the Lawyers' Register maintained by

this Court, and no further proceedings shall be had thereon. Notations on the

Lawyers' Register do not constitute discipline imposed by this Court and they

shall be available only to the Court and to the Committee and shall not be matters

of public record.

(7) STAYS.

If the discipline imposed by another court has been stayed, any reciprocal

discipline proceeding in this Court may, upon motion of the respondent, be

deferred by order of this Court until the stay expires and until further order of this

Court. In the absence of a stay of discipline imposed by such other court, neither

a motion for reconsideration or motion for rehearing or rehearing en banc filed in

the other court or petition for a writ of certiorari will be the basis for a deferral of

the proceedings in this Court absent good cause shown.

(d) COMPLAINTS OF MISCONDUCT FILED IN THIS COURT.

(1) COMPLAINTS GENERALLY

Any person seeking to charge an attorney subject to the Rules with any act or

omission which may justify disbarment, suspension, censure, reprimand or other

discipline shall do so by a clear and concise written statement of facts in support

of the allegations, subscribed and under oath or affirmed under the penalty of

perjury pursuant to the United States Code, Title 28, Section 1746. The Complaint

shall be presented to the Committee by lodging it with the Clerk to the

Committee. The Committee shall have the inherent power without any formal

Complaint to inquire into misconduct of attorneys subject to these Rules.

(2) COMPLAINTS BY A COURT OR A JUDGE.

Any court, judge or United States magistrate judge in the District of Columbia

may refer to the Committee the name of any attorney subject to these Rules on a

Complaint that such attorney has engaged in conduct, which, if substantiated,

would warrant the imposition of discipline.

(3) INVESTIGATION.

Complaints received by the Committee shall be reviewed to determine if the

Complaint is appropriate for action. If the Complaint is insufficient on its face to

warrant investigation, the Committee may discharge the complaint and advise the

complainant that no action will be taken. If the Committee decides that the

Complaint or information otherwise received by the Committee requires action,

the Committee is authorized to (1) investigate the matter itself; (2) refer the matter

to the Office of Bar Counsel, the Board on Professional Responsibility, District of

Columbia Court of Appeals; (3) informally seek information from the respondent;

or (4) require a formal Answer from the respondent in accordance with subsection

(d)(4). To further any investigation, the Chair, or in his absence, the Vice Chair is

authorized to issue subpoenas commanding the production of books, papers,

documents, records or tangible items. If following any of these actions the

Committee decides no further action is warranted, the Committee may, if its

investigation was based on receipt of a complaint, discharge the Complaint and so

inform the complainant and the respondent. If the Committee's investigation was

based on information otherwise received and the respondent was made aware by

the Committee of its investigation, the Committee shall notify the respondent that

it has decided that no further action is warranted. The Committee may, as part of

its notice to the respondent discharging the Complaint, provide an informal, non-reportable cautionary or educational statement, which shall not be considered

discipline.

(4) SERVICE OF COMPLAINT; ANSWER.

If the Committee determines that a formal Answer is required from the

respondent, a copy of the Complaint as received by the Committee or as prepared

by it based on information otherwise received shall be served upon the respondent

and he/she shall be required to answer within 30 days after the date of service.

An Answer to a Complaint shall be in writing, subscribed and under oath or

affirmed under the penalty of perjury in a form prescribed by the provisions of the

United States Code, Title 28, Section 1746 and shall be accompanied by a list of

all courts before which the respondent is admitted to practice. Upon receipt of the

Answer, the Clerk to the Committee shall mail a copy thereof to the complainant,

if there is one, who may reply to the Answer within 14 days of the date of the

transmittal letter from the Clerk of the Committee. A copy of any reply to the

Answer to the Complaint shall be served upon the respondent. If a respondent is

served with a copy of a Complaint by the Committee and fails to answer within

the time allowed by these Rules, the matter shall be certified to the Disciplinary

Panel for its appropriate action.

(5) SUBCOMMITTEE OF INQUIRY.

The Chair may designate three members of the Committee to sit as a

Subcommittee of Inquiry and shall designate one as Chair of the Subcommittee.

The Chair of the Subcommittee of Inquiry is hereby designated and appointed a

Master with authority to cause subpoenas to be issued commanding the

attendance of witnesses and/or parties at any hearings, as well as commanding the

production of books, papers, documents, records or tangible things designated

therein at such hearing. The Chair of the Subcommittee as such Master is further

authorized to administer oaths to the parties and witnesses. Should any witness

and/or party fail or refuse to attend or to testify under oath, the witness' or party's

name may be certified to the Disciplinary Panel of the Court, whereupon the

Disciplinary Panel may refer the matter to the United States Attorney or to the

U.S. Department of Justice to bring formal criminal contempt charges against

such witness and/or party for so refusing. If the witness or party is found guilty of

contempt, the Court shall administer such punishment as may be appropriate.

(6) RIGHT TO COUNSEL IN DISCIPLINARY PROCEEDINGS.

The respondent shall be entitled to be represented by counsel who may appear in

the respondent's behalf at any time during the investigation or after a Complaint

has been served upon respondent.

(7) SUBMISSION OF CHARGES.

If following investigation the Subcommittee of Inquiry recommends, and a

majority of the committee concurs, the Committee shall prepare charges and

submit them to the Disciplinary Panel of the Court or, in its discretion with or

without preparing charges refer the matter to the Office of Bar Counsel, the Board

on Professional Responsibility, District of Columbia Court of Appeals with a

request that that Office take whatever action it deems appropriate. If submitted to

the Disciplinary Panel and the Panel orders the charges to be filed, the Clerk shall

file them and issue a summons directed to the respondent, commanding

respondent to answer. The summons and a copy of the charges shall be served in

accordance with these Rules. The respondent shall answer the charges within 30

days after the effective date of service and shall file with the Answer a list of all

courts before which the attorney is admitted to practice. If no Answer is received

within 30 days or such additional time as the Disciplinary Panel may allow, the

charges may be taken as admitted and the Disciplinary Panel may reprimand,

censure, suspend, disbar or otherwise discipline the respondent by entering an

appropriate order.

(8) HEARINGS AND ORDERS OF THE DISCIPLINARY PANEL OF THE

COURT.

When the respondent has filed an Answer, the case shall be set down for hearing

before the Disciplinary Panel and a member of the Committee designated by the

Chair shall appear at the hearing to offer proof or arguments pertinent to the

issues. If the charges are sustained by clear and convincing evidence, the

Disciplinary Panel may reprimand, censure, suspend, disbar or otherwise

discipline the respondent by entering an appropriate order. Any knowing

violation of the order of judgment shall be deemed a contempt of court.

(e) DISBARMENT ON CONSENT.

(1) BY THIS COURT.

Any attorney admitted to practice before this Court who is the subject of an

investigation into, or a pending proceeding involving, allegations of misconduct

may not resign from this Bar, but may consent to disbarment. The attorney must

deliver to this Court an affidavit stating that the attorney desires to consent to

disbarment and that:

(i) the attorney's consent is freely and voluntarily given; the attorney is not

being subjected to coercion or duress; the attorney is fully aware of the

implications of so consenting; and

(ii) the attorney is aware that there is presently pending an investigation or

proceeding involving allegations that there exist grounds for the attorney's

discipline the nature of which the attorney shall specifically set forth.

Upon receipt of the required affidavit, the Disciplinary Panel shall enter an order

disbarring the attorney. The order disbarring the attorney on consent shall be a

matter of public record, but the affidavit shall be sealed and not be publicly

disclosed or made available for use in any other proceeding except upon order of

this Court.

(2) BY OTHER COURTS.

Any attorney admitted to practice before this Court who shall be disbarred on

consent or who shall resign from the Bar of any court of the United States or from

the bar of any State, Territory, District, Commonwealth or Possession of the

United States while an investigation into allegations of misconduct is pending,

shall so advise this Court and submit a certified or exemplified copy of the

judgment or order accepting such disbarment on consent or resignation. If no

such order or judgment is submitted, the Clerk shall obtain it from the other court.

The Disciplinary Panel thereupon shall enter an order disbarring the attorney and

directing that the attorney's name be stricken from the roll of attorneys admitted to

practice before this Court unless the attorney shows why it would not be in the

interest of justice to do so. A certified or exemplified copy of the judgment or

order accepting such disbarment on consent or resignation is conclusive proof of

such disbarment on consent or resignation.

Section (a) governs service of process in disciplinary proceedings. It makes clear

that the primary method of service is by mail and the alternative method is by

service on the Clerk of the Court.

Section (b) provides for immediate suspension upon proof of a felony conviction.

The Disciplinary Panel may defer or set aside entry of the order in the interest of

justice. This provision is to be invoked only in extraordinary circumstances. The

Rule further provides for disbarment upon final conviction, regardless of the

pendency of an appeal or other review, unless respondent shows cause within 30

days why disbarment would not be in the interest of justice.

With respect to misdemeanors, the Rule essentially maintains the show cause

procedures in effect under former Rule 4-3(i)(b). With respect to both felonies

and misdemeanors, the Rule makes clear that the pendency of an appeal or other

review of conviction or of a petition for writ of certiorari does not affect the

imposition of discipline. This provision was added to solve the recurring problem

of a year or more delay attendant on petitions for certiorari, during which time

the attorney might be permitted to practice before this Court.

Subsection (b)(3) has been added to provide for reinstatement after suspension

upon proof that the underlying conviction has been reversed, vacated or set aside.

Section (c) governs discipline imposed by other courts and is a significant change

from former Rule 4-3(II). The Rule provides that an attorney subject to these

Rules who is suspended or disbarred by another court shall be suspended from

practice in this court during the pendency of disciplinary proceedings. The

procedures adopted are consistent with the practice in the United States Supreme

Court, many United States Court of Appeals and a number of other district courts.

By providing the attorney an opportunity to show cause why reciprocal discipline

should not be imposed, the Rule satisfies the due process requirements of the

relevant Supreme Court cases. See, e.g. In Re Ruffalo, 390 U.S. 544 (1968);

Theard v. United States, 354 U.S. 278(1957); Selling v. Radford, 243 U.S. 46

(1917). The Rule corrects the inadequacies of the former show cause procedures

that permitted a respondent to continue to practice during the pendency of

disciplinary proceedings. The revised procedure, requiring immediate temporary

suspension followed by a Show Cause Order, shifts the burden of going forward

to the respondent to show cause why identical reciprocal discipline should not be

imposed.

The provision for suspension eliminates the procedure of noting short-term

suspensions imposed by other courts on this Court's records, rather than

imposing reciprocal discipline (former Rule 4-3(i)(e)). Those procedures were

unworkable and caused inequities. Under the procedures, censures and

reprimands will be noted, but reciprocal discipline proceeding will be followed in

the case of all suspension or disbarments.

Subsection (c)(7) makes clear that if discipline imposed by another court has been

stayed, reciprocal discipline in this Court may be deferred. However, in the

absence of a stay, neither a motion for reconsideration nor a motion for rehearing

or rehearing en banc nor a petition for writ of certiorari serves to defer

disciplinary proceedings in this Court absent good cause shown.

Section (d) sets forth in one section all the procedures relating to Complaints filed

in this Court. Subsection (d)(1) specifies that the Committee has the inherent

power to inquire into misconduct of attorneys subject to these Rules, without

formal Complaint. Subsection (d)(3) was amended to clarify that the Committee

on Grievances may include an informal, non-reportable cautionary or

educational statement as part of a notice discharging a Complaint without further

actions.

Subsection (d)(7) provides that if a respondent fails to respond after a formal

complaint is filed, the Disciplinary Panel has the power to take the allegations as

admitted and impose appropriate discipline. Subsection (d)(8) sets forth the clear

and convincing standard of proof for the imposition of discipline.

Section (e) governs disbarment on consent. It makes clear that there can be

disbarment on consent in this Court or reciprocal disbarment for disbarment on

consent by another court. It changes the former Rule by providing that an

attorney under investigation or subject to pending proceedings involving

allegations of misconduct may not resign from the Bar of this Court, but may only

consent to disbarment.

Revised subsection (e)(1) governing disbarment on consent by this Court makes

two substantive changes. First it permits the attorney affidavit, which is the

predicate for disbarment on consent, to be filed under seal. Second, it eliminates

the former requirement that an affidavit filed by an attorney seeking disbarment

on consent contain an acknowledgment that the material facts alleged are true.

This revision was adopted because it was felt that it was in the public interest to

encourage consent disbarments.

With respect to disbarment on consent or resignation in other courts, subsection

(e)(2) is changed only to the extent of providing the attorney an opportunity to

show cause why such disbarment would not be in the interest of justice.

Suspension and Show Cause Order after the effective date of suspension order in

the other court.

Since a respondent has 30 days within which to answer an order to show cause in

this Court, a short-term suspension by another court has often expired and a

respondent automatically reinstated in the other court before the time an answer

is due in this Court. Thus, no useful purpose is served by initiating reciprocal

disciplinary proceedings in cases involving suspensions of 30 days or less.