Local Rule 83.6.8: DISCIPLINE AFTER CRIMINAL CONVICTION
D. Mass. — Attorney rule
RULE 83.6.8 DISCIPLINE AFTER CRIMINAL CONVICTION
(a) Effect of Criminal Conviction.
(1) Summary Suspension. When an attorney who is a member of the bar of this district or who is permitted to practice in this court has been convicted of a serious crime, as defined in subsection (b) of this rule, the attorney shall be summarily suspended from practicing before this court.
(2) Suspension Procedure. The court shall enter an order immediately suspending an attorney from practicing before this court upon the filing of a certified copy of a judgment or other official court records reflecting a criminal conviction. A copy of such order shall immediately be served upon the attorney. The matter shall then be referred to the presiding judge in accordance with L.R. 83.6.5(c) for further review and action.
(3) Setting Aside Suspension. Upon good cause shown, the presiding judge may set aside such order when it appears in the interest of justice to do so.
(4) Subsequent Disciplinary Proceeding. In addition to suspending the attorney, the presiding judge shall commence a formal disciplinary proceeding against the attorney, provided, however, that the disciplinary proceeding so instituted shall not be brought to final hearing until all appeals from the conviction are concluded.
(b) Definition of "Serious Crime." The term "serious crime" shall be defined for purposes of this rule as follows.
(1) Types of Crime. "Serious crime" shall include:
(A) any felony or other crime punishable by a term of imprisonment of more than one year;
(B) any crime involving obstruction of justice, interference with the administration of justice, witness intimidation, perjury, or suborning perjury;
(C) any crime involving false statements, fraud, false swearing, false pretenses, misrepresentation, or deceit;
(D) any crime involving bribery, extortion, or unlawful payments to a government official;
(E) any crime involving misappropriation of property or embezzlement;
(F) any crime involving willful failure to file tax returns or filing false tax returns; and
(G) any attempt, conspiracy, or solicitation of another to commit such crimes.
(2) Jurisdictions. A conviction for a "serious crime" shall qualify if it occurred in any court of the United States, any state, the District of Columbia, or any territory, commonwealth, or possession of the United States.
(c) Definition of "Convicted." The term "convicted" shall be defined for purposes of this rule to include any disposition of a criminal matter by a finding of guilty or a plea of nolo contendere, whether or not that disposition has been appealed or is otherwise under court review.
(d) Effect of Reversal of Conviction. An attorney who was suspended under the provisions of this rule will be reinstated immediately upon the filing of a certificate demonstrating that the conviction has been reversed. The reinstatement will not, however, automatically terminate any disciplinary proceeding then pending against the attorney arising out of the matters for which the attorney was prosecuted.
(e) Effect of Other Crimes. Evidence that an attorney committed a crime other than a "serious crime" as defined in this rule may form the basis for a disciplinary proceeding or other action against the attorney, even though it may not result in a summary suspension.
Effective January 1, 2015.