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 the District of Columbia, or of any state, territory, commonwealth, or
possession of the United States of any serious crime as herein defined, the Court shall enter an
order immediately suspending that attorney, whether the conviction resulted from a plea of
guilty, nolo contendere, verdict after trial, or otherwise, and regardless of the pendency of any
appeal. The suspension so ordered shall remain in effect until final disposition of the
disciplinary proceedings to be commenced upon such conviction. A copy of such order shall
be immediately 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. 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 in which it was entered, involves false swearing, misrepresentation, fraud, deceit,
bribery, extortion, misappropriation, theft, or the use of dishonesty, or an attempt, conspiracy,
or solicitation of another to commit a "serious crime.”
C. 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 on the conviction.
D. Upon the filing of a certified copy of a judgment of conviction of any attorney for a serious
crime, the Court may, in addition to suspending that attorney in accordance with the provisions
of this rule, also refer the matter to the Grievance Committee for institution of disciplinary
proceedings in which the sole issue to be determined 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 appeals from the conviction
are concluded.
E. An attorney suspended under the provisions of this rule will be reinstated immediately upon
the filing of a certificate demonstrating that the underlying conviction of a serious crime has
been reversed, but the reinstatement will not terminate any disciplinary proceedings then
pending against the attorney, the disposition of which shall be determined by the Committee
on the basis of all available evidence pertaining to both guilt and the extent of the discipline to
be imposed.
