Skip to content

RULE 83.6.5 ATTORNEYS CONVICTED OF CRIMES

« Back

(a) Attorney's Duty. Any attorney practicing before this court regularly or 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 felony; 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.

(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 other 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 12/01/09, 3/17/04, 11/16/90.