Local Rule Rule 83.7a: Attorneys Convicted of Crimes

Rule 83.7a Attorneys Convicted of Crimes

(a) Filing of Judgment of Conviction.

Upon the filing with the clerk of a certified copy of a judgment of conviction stating that an attorney admitted to practice before the court has been convicted in any court in the United States or the District of Columbia, or of any state, territory, commonwealth, or possession of the United States, of a serious crime as hereinafter defined, this court may enter an order immediately suspending that attorney, whether the 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, until final disposition of the disciplinary proceeding to be commenced in accordance with the provisions of Local Civil Rule 83.7e. A copy of such order shall immediately be served upon the attorney. Upon good cause shown, the court may set aside such order when it appears in the interest of justice to do so.

(b) Definition of Serious Crime.

The term serious crime shall include any felony or other 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 income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or conspiracy or solicitation of another to commit a serious crime.

(c) Certified Copy of Judgment Conclusive Evidence.

A certified copy of a judgment of conviction of an attorney for any crime shall be conclusive evidence of the commission of that crime.

(d) Suspension and Referral.

Upon the filing with the clerk of a certified copy of a judgment of conviction of an attorney for a serious crime, the court may in addition to suspending that attorney in accordance with the provisions of Local Civil Rule 83.7d, also refer the matter to a referee attorney in accordance with Local Civil Rule 83.7b(f) for the institution of a disciplinary proceeding before the court. The sole issue to be determined in that proceeding shall be the extent of the final discipline to be imposed as a result of the conduct resulting in the conviction, provided that a disciplinary proceeding so instituted will not be brought to final hearing until all direct appeals from the conviction are concluded.

(e) Conviction of Non-Serious Crime.

Upon the filing with the clerk 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 a referee attorney for whatever action the referee attorney may deem warranted, including the institution of a disciplinary proceeding before the court, provided that the court may in its discretion make no referral with respect to convictions for minor offenses.

(f) Reinstatement.

An attorney suspended under the provisions of this rule will be reinstated immediately upon the filing with the clerk of a certificate demonstrating that the underlying conviction has been reversed. The reinstatement will not terminate any disciplinary proceeding then pending against the attorney, the disposition of which shall be determined by the court on the basis of all available evidence pertaining to both guilt and the extent of the discipline to be imposed.