(a) Effect of Criminal Conviction.
(1) Summary Suspension. When an attorney who is a member of the bar of this district
or who is permitted to practice in this court has been convicted of a serious crime,
as defined in subsection (b) of this rule, the attorney shall be summarily suspended
from practicing before this court.
(2) Suspension Procedure. The court shall enter an order immediately suspending an
attorney from practicing before this court upon the filing of a certified copy of a
judgment or other official court records reflecting a criminal conviction. A copy of
such order shall immediately be served upon the attorney. The matter shall then be
referred to the presiding judge in accordance with L.R. 83.6.5(c) for further review
and action.
(3) Setting Aside Suspension. Upon good cause shown, the presiding judge may set
aside such order when it appears in the interest of justice to do so.
(4) Subsequent Disciplinary Proceeding. In addition to suspending the attorney, the
presiding judge shall commence a formal disciplinary proceeding against the
attorney, provided, however, that the disciplinary proceeding so instituted shall not
be brought to final hearing until all appeals from the conviction are concluded.
(b) Definition of “Serious Crime.” The term “serious crime” shall be defined for purposes of
this rule as follows.
(1) Types of Crime. “Serious crime” shall include:
(A) any felony or other crime punishable by a term of imprisonment of more
than one year;
(B) any crime involving obstruction of justice, interference with the
administration of justice, witness intimidation, perjury, or suborning
perjury;
(C) any crime involving false statements, fraud, false swearing, false pretenses,
misrepresentation, or deceit;
(D) any crime involving bribery, extortion, or unlawful payments to a
government official;
(E) any crime involving misappropriation of property or embezzlement;
(F) any crime involving willful failure to file tax returns or filing false tax
returns; and
(G) any attempt, conspiracy, or solicitation of another to commit such crimes.
(2) Jurisdictions. A conviction for a “serious crime” shall qualify if it occurred in any
court of the United States, any state, the District of Columbia, or any territory,
commonwealth, or possession of the United States.
(c) Definition of “Convicted.” The term “convicted” shall be defined for purposes of this rule
to include any disposition of a criminal matter by a finding of guilty or a plea of nolo
contendere, whether or not that disposition has been appealed or is otherwise under court
review.
(d) Effect of Reversal of Conviction. An attorney who was suspended under the provisions
of this rule will be reinstated immediately upon the filing of a certificate demonstrating that
the conviction has been reversed. The reinstatement will not, however, automatically
terminate any disciplinary proceeding then pending against the attorney arising out of the
matters for which the attorney was prosecuted.
(e) Effect of Other Crimes. Evidence that an attorney committed a crime other than a “serious
crime” as defined in this rule may form the basis for a disciplinary proceeding or other
action against the attorney, even though it may not result in a summary suspension.
Effective January 1, 2015.
