Disciplinary Enforcement Rule III: Attorneys Convicted of Crimes

(a) Upon the filing with this Court of a certified copy of a judgment of conviction demonstrating that any attorney admitted to practice before the Court has been convicted in any court of the United States, or of the District of Columbia, or of any state, territory, commonwealth or possession of the United States of a serious crime as defined in paragraph (F) below, the Clerk shall enter an order immediately suspending that attorney, regardless of the pendency of any appeal, until final disposition of a disciplinary proceeding to be commenced upon such conviction. The Clerk shall immediately serve a copy of such order upon the attorney by certified mail, return receipt requested, addressed to the last office address filed with the Clerk. Upon good cause shown, the Court may set aside such order when it appears in the interest of justice to do so.

(b) Upon the filing of a certified copy of a judgment of conviction of an attorney for a serious crime, the Court shall refer the matter to the Committee on Admissions and Grievances for a recommendation to the Court on the extent of the final discipline to be imposed as a result of the conduct resulting in the conviction, provided that the recommendation for final discipline shall not be made until all appeals from the conviction are concluded.

(c) Upon the filing of a certified copy of a judgment of conviction of an attorney for a crime not constituting a "serious crime," the Court may refer the matter to the Committee for a recommendation to the Court for appropriate action, including the institution of a disciplinary proceeding.

(d) In any disciplinary proceedings instituted against an attorney based upon a conviction, a certified copy of a judgment of conviction of an attorney for a crime shall be conclusive evidence of the commission of that crime.

(e) An attorney suspended under the provisions of this Rule shall be reinstated immediately upon the filing of a certificate demonstrating that the underlying conviction of a serious crime has been reversed, but the reinstatement shall not terminate any disciplinary proceeding then pending against the attorney. In any such proceeding, evidence relating to the conduct which resulted in the conviction may be considered despite the reversal of the conviction.

(f) The term "serious crime" includes any felony and also includes 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 judgment was entered, involves interference with the administration of justice, 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 a "serious crime."