Local Rule LR Gen 213: CRIMINAL CONVICTIONS

LR Gen 213 CRIMINAL CONVICTIONS

(a) Criminal Convictions

(1) Summary Suspension. The Court shall enter an order immediately suspending an attorney who is a member of the Bar of this Court or who is admitted to practice pro hac vice from practicing before this Court upon receipt of:

(A) An official record of a finding of guilt or the return of a guilty verdict as to a serious crime, as hereinafter defined, or the entry of a plea of guilty or nolo contendere to such crime, in any court of the United States, the District of Columbia, any state, territory, commonwealth or possession of the United States, or;

(B) A certified copy of a judgment showing conviction of a serious crime, as hereinafter defined, in any court of the United States, the District of Columbia, any state, territory, commonwealth or possession of the United States.

A copy of such order shall immediately be served upon the attorney as provided in LR Gen 210(c)(2). Upon good cause shown, the Court may set aside such order when it appears in the interest of justice to do so.

(2) Disciplinary proceeding. In addition to suspending the attorney, the Court shall issue a show cause order as provided in LR Gen 210(c), provided, however, that a disciplinary proceeding so instituted shall not be brought to final hearing until all appeals from the conviction are concluded.

An official record showing the entry of the finding of guilt, the return of a guilty verdict, or a plea of guilty or nolo contendere, or a certified copy of a judgment of conviction of an attorney for any crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against that attorney based upon the conviction.

(3) Serious Crime. 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 judgment was entered, involves false swearing, misrepresentation, fraud, willful failure to file or filing false income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy with or solicitation of any other to commit a "serious crime."

(b) Reversal of Conviction. An attorney suspended under the provisions of this Rule will be reinstated immediately upon the filing of a certificate demonstrating that the conviction has been reversed but the reinstatement will not terminate any disciplinary proceeding then pending against the attorney.

Effective 12/1/11: §§(a)(1)(A) and (a)(2) amended. Effective 10/1/09: §(a)(1) amended and redesignated as (a)(1)(A) and (a)(1)(B); §(a)(2) amended.

CROSS-REFERENCES See LR Gen 214 (effect of disciplinary actions taken by other courts or agencies).