(a) Attorney’s Duty. Any attorney admitted to practice before this court, whether as
a regular member of the bar of this court or to practice in this court pro hac vice,
must notify the clerk in writing within 14 days after service of process or notice to
him or her of:
(1) a charge of commission of a serious crime, or a criminal act that reflects
adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in
other respects; or
(2) a grievance such as would subject the attorney to discipline in this court, in
any other court of the United States, or the District of Columbia, or in any
state, territory, commonwealth, or possession of the United States.
This also applies to diversion agreements relating to criminal charges, potential
criminal charges, or disciplinary proceedings.
(b) Interim Suspension. The Disciplinary Panel must enter an order immediately
suspending an attorney admitted to practice before this court when:
(1) a certified copy of a judgment of conviction is filed with the clerk of this
court;
(2) the judgment shows that the attorney has been convicted of a serious crime
as hereinafter defined;
(3) the conviction is in any court of the United States, or the District of
Columbia, or in any state, territory, commonwealth, or possession of the
United States; and
(4) the conviction resulted from a plea of guilty or nolo contendere or from a
verdict after a trial or otherwise.
The suspension must occur regardless of whether an appeal is pending and must
last until final disposition of a disciplinary proceeding based upon such conviction.
A copy of such order must immediately be served upon the attorney. Service may
be made personally or by certified mail, return receipt requested, addressed to the
attorney at his or her most current address on file with the clerk of this court. For
good cause, the Disciplinary Panel may set aside such order in the interests of
justice.
(c) Serious Crime. The term “serious crime” includes 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 income tax
returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a
conspiracy of solicitation of another to commit a “serious crime.”
(d) Evidence of Crime. A certificate of a conviction of an attorney for any crime is
conclusive evidence of the commission of that crime in any disciplinary proceeding
instituted against said attorney based upon the conviction. A diversion agreement,
for the purpose of any disciplinary proceeding, constitutes a conviction of the crime
originally charged.
(e) Reinstatement. An attorney suspended under this rule will be reinstated
immediately upon the filing of a certificate demonstrating that the underlying
conviction of a crime has been reversed. But the reinstatement will not terminate
any disciplinary proceeding then pending against the attorney, the disposition of
which must be determined on the basis of all available evidence pertaining to both
guilt and the extent of discipline to be imposed.
***
As amended 11/1/23, 12/01/09, 3/17/04, 11/16/90.
