The University of the District of Columbia Law ... - UDC Law Review

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WHEN LA WYERS BREAK THE LAW 11automatic disbarment and those that do not. Part IV will test the system by consideringdifficult cases-sad stories that from time-to-time have forced the Courtof Appeals to attempt to refine the "moral turpitude" line.I. PROCEDURAL FRAMEWORK: A ROUTINE "SYSTEM"Congress has vested the District of Columbia Court of Appeals with the powerto regulate the practice of law in Washington, D.C.'s non-federal courts. 10 Beginningon April 1, 1972, the D.C. Court of Appeals assumed the power to "censure,suspend from practice, or expel a member of its bar."11 To assist it, the Court ofAppeals created a "Board on Professional Responsibility," consisting of ninemembers-seven lawyers and two non-lawyers. 12 Each member is appointed bythe Court for three years. 13 The Board on Professional Responsibility has thepower to appoint a Bar Counsel, and assistants, to investigate and prosecute actsof attorney misconduct.A. General Due Process Protections and Procedural RulesUltimate authority for attorney discipline rests with the D.C. Court of Appeals,not with the Board or Bar Counsel. 14 The Court will defer to the Board'sfindings of fact. IS Questions of law, however, are reviewed de novo by theCourt. 16 The Board is empowered to refer matters to "hearing committees,"which can take testimony under oath and make detailed findings of fact. I ?An attorney is entitled to due process during disciplinary proceedings becausesuch proceedings are "quasi-criminal in nature."18 Bar Counsel bears the burdenof proving charges of misconduct by clear and convincing evidence. 19 An attor-10 The federal courts located in Washington, such as the U.S. Court of Appeals for the D.C.Circuit, retain the power to regulate persons admitted to practice before them. See, e.g., D.C. CIR. R.46.11 D.C. CODE § 11-2502 (1981).12 See D.C. BAR. R. XI, § 4(a).13 See id. § 4(c).14 See Laughlin v. United States, 474 F.2d 444, 447 (D.C. Cir. 1972).15 See In re Dwyer, 399 A.2d I, 11 (D.C. 1979).16 The question of whether a crime is one of "moral turpitude" is a question of law, not of fact.See In re Shillaire, 549 A.2d 336, 343 (D.C. 1988) ("In any event, we think that the ultimate issue ofmoral turpitude is one of law rather than of fact.").17 See D.C. BAR. R. XI, § 5.18 In re Williams, 464 A.2d 115, 118-19 (D.C. 1983).19 See id. at 119.
12 THE UNIVERSITY OF THE DISTRICf OF COLUMBIA LAW REVIEWney is entitled to notice of the charges against him.2o However, attorneys are notipso facto entitled to every protection that a criminal defendant receives. 21There is no statute of limitations for the institution of disciplinary proceedings.22 The purpose of disciplinary rules is not simply to punish attorneys, but toalso protect clients and society.23 "[A]n attorney is in a continuing position oftrust toward clients, the courts, and society in general. ,,24 Accordingly, bar certificationis also a continuing process.B. Procedure Upon Conviction of a CrimeThe procedure upon an attorney's conviction of a crime is governed by D.C.Code § 11-2503(a) and Section 10 of Rule XI of the District of Columbia BarRules. D.C. Code § 11-2503 provides in pertinent part:(a) When a member of the bar of the District of Columbia Court of Appealsis convicted of an offense involving moral turpitude, and a certifiedcopy of the conviction is presented to the court, the court shall, pendingfinal determination of an appeal from the conviction, suspend the memberof the bar from practice. Upon reversal of the conviction the court mayvacate or modify the suspension. If a final judgment or conviction is certifiedto the court, the name of the member of the bar so convicted shall bestruck from the roll of the members of the bar and such person shall thereaftercease to be a member. Upon the granting of a pardon to a member soconvicted, the court may vacate or modify the order of disbarment.Section 10 of Rule XI of the District of Columbia Bar Rules specifies the proceduresto be followed upon an attorney's conviction of a crime. Upon receipt ofa certified copy of a record demonstrating that an attorney has been convicted ofa "serious crime," the Court of Appeals immediately suspends an attorney frompractice. 25 If the crime is not "serious," Bar Counsel may institute charges ofmisconduct. If the crime is "serious," the only question to be answered by theCourt is the "nature of the final discipline to be imposed. ,,2620 See In re Washington, 513 A.2d 245 (D.C. 1986). "It is elementary that a fundamental requirementof due process is notice that apprises the interested parties of the pendency of the actionand affords them an opportunity to present their objections. . . . The same principles apply to disbarmentproceedings." In re Colson, 412 A.2d 1160, 1164 (D.C. 1979).21 See In re Williams, 513 A.2d 793, 796 (D.C. 1986).22 See D.C. BAR. R. XI, § 1(c). However, in Williams the Court cautioned that Bar Counsel'sunjustified delay in instituting disciplinary charges that later results in prejudice to the attorney couldconstitute a due process violation. See Williams, 513 A.2d at 797.23 See id. at 795 ("The disciplinary rules protect clients from wayward attorneys, maintain theintegrity and competence of the legal profession, and save the judicial process from corruption.").24 Id. at 796.25 See D.C. BAR R. XI, § 10(c).26 See id. § 1O( d).
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