(a) Order of Suspension.
Upon the filing with this Court of a certified copy of a judgment establishing that any
attorney admitted to practice before this Court has been convicted of a serious crime as defined
in Rules 84.4-84.13 in any Court of the United States, or the District of Columbia, or of any
state, territory, commonwealth or possession of the United States, the Court may enter an
order immediately suspending, or otherwise limiting the practice of that attorney, whether the
conviction resulted from a plea of guilty or nolo contendere or from a verdict after trial, and
regardless of the pendency of any appeal. Such order shall direct the attorney to show cause
within thirty (30) days why disbarment before this Court or some lesser punishment should not
be imposed. A copy of the order shall immediately be served upon the attorney.
(b) Copy of Judgment to be 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 in any disciplinary proceeding instituted
against that attorney based upon the conviction.
(c) Referral for Disciplinary Proceeding.
In the event the Court suspends an attorney in accordance with the provisions of
subsection (a), the Court shall refer the matter to disciplinary counsel for the institution of a
disciplinary proceeding before the Court in which the sole issue to be determined is the extent
of the final discipline to be imposed, provided that a disciplinary proceeding will not be brought
to final hearing until all appeals from the conviction are concluded.
(d) Referral by Court to Disciplinary Counsel.
Upon the filing 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 disciplinary counsel for
whatever action disciplinary counsel may deem warranted, including the institution of a
disciplinary proceeding before the Court. However the Court may, in its discretion, take no
action with respect to convictions for minor offenses.
(e) Reinstatement.
An attorney suspended, or otherwise limited in his or her practice, under the provisions
of this Rule shall be reinstated immediately upon the filing of a certificate demonstrating that
the underlying conviction of a serious crime has been reversed. The reinstatement shall 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 discipline to be imposed.
75 January 2022
