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D. Md. L.R. 705.2

Criminal Convictions

activein force · 2025-12-01 – presentact-effective-date

a) Serious Crimes

i) Definition. For purposes of this Rule, the term “serious crime” shall include any

felony and any lesser crime a necessary element of which, as determined by the statutory or

common law definition of such crime in the jurisdiction where the finding of guilt or

judgment was entered, involved false swearing, misrepresentation, fraud, willful failure to file

income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a

conspiracy or solicitation of another to commit any of the above.

ii) Suspension. Upon receipt of a finding of guilt or certified copy of a judgment of

conviction demonstrating that any attorney admitted to practice before the Court has been

found guilty or convicted of a serious crime in any court of the United States, or the District

of Columbia, or of any state, territory, commonwealth or possession of the United States,

the Court shall enter an order immediately suspending the attorney, whether the finding of

guilt or conviction resulted from a plea of guilty or nolo contendere or from a verdict after

trial or otherwise, and regardless of the pendency of any appeal. Such order shall direct the

attorney-respondent to show cause within thirty (30) days why disbarment or some lesser

punishment should not be imposed. A copy of such order shall immediately be served upon

the attorney-respondent.

iii) Imposition of Discipline. After the show cause period has ended, the Court’s

Disciplinary and Admissions Committee will review the finding of guilt or conviction, as

well as any response. If the attorney-respondent’s response includes a request for a hearing,

the matter shall be assigned for a prompt hearing as provided for in L.R. 705.1.d. Absent

such a request, the Disciplinary and Admissions Committee may (a) appoint an attorney-investigator pursuant to L.R. 705.1.b; (b) conduct a disciplinary hearing pursuant to L.R.

705.1.d; or (c) recommend final action to the full bench, which may include any disciplinary

sanction or condition available under L.R. 705.1.h.

iv) Lifting of Discipline. In the event that an attorney-respondent’s underlying finding

of guilt or conviction is reversed or vacated and that attorney-respondent has had imposed

disciplinary sanction or condition imposed under the provisions of this Rule, the attorney-respondent will not be reinstated immediately but must apply for reinstatement under L.R.

705.4.

v) Attorney’s Duty to Disclose. Upon a finding of guilt or conviction of a serious crime

in any court of the United States or the District of Columbia, or in a court of any state,

territory, commonwealth, or possession of the United States, any attorney admitted to

practice before this Court shall promptly inform the Clerk of such finding of guilt or

conviction and provide a copy of the finding, conviction, or order within thirty (30) days

after the entry thereof.

b) Other Crimes

The Disciplinary and Admissions Committee may, pursuant to L.R. 705.1, initiate a

disciplinary proceeding against any attorney who has been convicted of any crime other than

a serious crime.

Provenance

Source
www.mdd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
1e270a72a9879530d7bda8687f82be26ce332be646c80e886d6769257be8228a
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D. Md. L.R. 705.2 — Criminal Convictions · binding.law