Rule 15 Criminal Conviction

(a) Suspension. The Supreme Court must enter an order immediately suspending the attorney from engaging in the practice of law if the Supreme Court Clerk of Court certifies, based on reliable evidence, that the attorney has been convicted of: (1) a felony; (2) a felony if the act had been committed in this jurisdiction; or (3) a crime involving dishonesty or a false statement. This suspension order may be modified after the disciplinary procedure is completed. The order must be entered regardless of whether: (1) the conviction came from a guilty or nolo contendere plea; and/or (2) an appeal is pending. This order may be set aside if doing so is in the interest of justice.

(b) Conclusive Evidence. The final conviction of an attorney for any crime is conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against him or her based upon the conviction. For the purpose of this rule, a conviction is deemed final when the availability of appeal has been exhausted.

(c) Initiating Prosecution. After the Supreme Court Clerk of Court verifies an attorney has been convicted of a crime listed in Rule 15(a) and files a declaration stating such, the Chief Justice must appoint prosecuting counsel.

(1) Judge or Clerk Duties. A clerk or judge of a court within the Commonwealth who, in the course of official duties, learns that a member of the Commonwealth Bar has been convicted of a crime (other than a non-serious traffic offense) should promptly transmit to the Bar Association a declaration attesting to the conviction.

(d) Conviction Reversed. A suspension entered pursuant to Rule 15(a) must be vacated immediately after a filing with the Supreme Court demonstrating that the conviction triggering the suspension has been reversed. Any pending or ongoing formal proceeding against the attorney founded solely upon such conviction must be terminated. Any discipline imposed in a formal proceeding based solely on the conviction must be vacated.