Rule 7:
Practitioners Convicted of Crimes or Disciplined by Other Courts or Governmental Entities
(a) Evidence.
(1) A certified court judgment showing that a practitioner has been convicted of a crime is conclusive proof of that fact for purposes of a disciplinary proceeding in the Court.
(2) Credible evidence of a final determination in another court or government entity that a practitioner has committed and been disciplined for professional misconduct is conclusive proof of that fact for purposes of a disciplinary proceeding in the Court unless the Court determines, by clear and convincing evidence, that:
(A) The prior procedure was so lacking in notice or opportunity to be heard that it constituted a deprivation of due process; or
(B) there was such an infirmity of proof as to the misconduct that the Court could not, consistent with its duty, accept as final the conclusion on that subject; or
(C) the imposition of discipline by the Court would result in a grave injustice.
(b) Conviction of a Serious Crime.
(1) After receiving evidence (as described in subsection (a) above) that a practitioner has been convicted of a serious crime, as defined in paragraph (3) below in any court of the United States, of the District of Columbia, or of any state, territory, commonwealth, or possession of the United States, the Clerk will (except as provided in the last sentence of this paragraph):
(A) Issue an order imposing on the practitioner concerned an immediate temporary nondisciplinary suspension from practice until proceedings under this Rule are concluded, regardless of the pendency of any case in the Court, and refer the matter to a Panel; and
(B)mail to the practitioner concerned a copy of the order and (unless the practitioner was the source of the evidence received by the Court) a copy of the evidence received, along with a copy of these rules; and
(C) send a copy of the order to any appellants represented by the practitioner concerned in the Court, and to any sponsoring attorney or organization (including an organization that arranged for pro bono representation by the practitioner concerned before the Court), as appropriate.
Notwithstanding the foregoing sentence, if the Clerk believes that immediate suspension is not appropriate under the particular circumstances of the conviction, the Clerk may refer the matter to the Chief Judge for action in accordance with the same process provided for in the second and third sentences of subsection (c)(1) below.
(2) The Panel will issue an order directing the practitioner concerned to show cause why a specific discipline should not be imposed. After receipt of a show-cause response or the expiration of the time for filing such a response, the Panel will:
(A) Revoke the suspension in the interest of justice, and take no further action and close the matter; or
(B) impose discipline if the practitioner concerned has not contested the discipline proposed in the show-cause order; or
(C) refer the matter to the Committee for action under Rule 2 and then take action pursuant to subparagraph (A) or (B) above, after considering the Committee's report, any report rebuttal, and issuing any further show-cause order that the Court considers appropriate.
In any case, discipline will not be imposed, and (unless the Court orders to the contrary) any temporary nondisciplinary suspension order issued pursuant to paragraph (1)(A) above will remain in effect, until all appeals from the conviction that served as a basis for the disciplinary proceeding are concluded.
(3) As used in this Rule, the term "serious crime" includes:
(A) A felony in the jurisdiction where the judgment was entered; or
(B) a lesser crime that involves moral turpitude, including interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, or theft; or
(C) an attempt, or a conspiracy or solicitation of another, to commit a "serious crime."
(4) A practitioner suspended under paragraph (1) above will be reinstated by the Chief Judge immediately upon a showing that the underlying conviction has been reversed. However, such reinstatement will not preclude initiation or continuance of a disciplinary proceeding under another of these rules based on the conduct that resulted in the conviction or otherwise. In such a proceeding, evidence of that conduct may be considered despite the reversal of the conviction.
(c) Conviction of Any Other Crime.
(1) After receiving evidence (as described in subsection (a) above) that a practitioner has been convicted of a misdemeanor, the Clerk will refer the matter to the Chief Judge. If the Chief Judge determines that the misconduct may potentially affect the professional character of the practitioner concerned, the Chief Judge will direct the Clerk to refer the matter to a Panel for consideration. Otherwise, the Chief Judge will direct the Clerk to close the matter and notify the practitioner concerned.
(2) The Panel will:
(A) Issue an order directing the practitioner concerned to show cause why the Court should not consider disciplinary action for the misdemeanor conviction(s) concerned and, after receipt of a show-cause response or the expiration of the time for filing such a response, proceed under subparagraph (B), (C), or (D) below, but, prior to taking any of these actions, the Panel may refer the matter to the Committee for action under Rule 2; or
(B) proceed under subsection (b)(2) above as in the case of a "serious crime," but, prior to taking any action thereunder, the Panel may direct the Clerk to issue an order imposing an immediate nondisciplinary suspension in accordance with the same process provided for in subsection (b)(1)(A), (B), and (C) above; or
(C) suspend action if there is reason to believe that another disciplinary authority is considering the imposition of discipline on the practitioner for the misdemeanors and, if another disciplinary authority imposes discipline on the practitioner for the misdemeanors, direct the Clerk to proceed under subsection (d) below, regarding reciprocal discipline; or
(D) direct the Clerk to take no further action and close the case.
(d) Reciprocal Discipline.
(1) After receiving evidence that a practitioner has been disciplined for misconduct (including disbarment on consent), or resigned while under investigation for professional misconduct, by another court or governmental entity, the Clerk will:
(A) Mail to the practitioner concerned a copy of these rules and a copy of the evidence received (unless the practitioner was the source of the evidence received by the Court); and
(B) where disbarment or suspension was imposed or the practitioner concerned resigned while under investigation for professional misconduct, issue an order imposing on the
practitioner concerned an immediate temporary nondisciplinary suspension from practice until proceedings under this Rule are concluded, regardless of the pendency of any case in the Court, and refer the matter to a Panel;
(C) send a copy of the order issued under subparagraph (B) to any appellants represented by the practitioner concerned in the Court, and to any sponsoring attorney or organization (including an organization that arranged for pro bono representation by the practitioner concerned before the Court), as appropriate.
(2) The Panel will:
(A) Take no further action and close the case; or
(B) issue an order to show cause why an identical discipline, or a similar discipline (including a difference in the duration of the discipline) specified by the Court in the show-cause order, should not be imposed by the Court, and enclose a copy of the judgment or order from the other court or entity; or
(C) refer the matter to the Committee for action under Rule 2.
(3) If a show-cause order is issued under paragraph (2)(B) above, or if a Committee report is received, and after a show-cause response or a report rebuttal has been received or after the time for receiving such a response or rebuttal has expired, the Panel will:
(A) Take no further action and close the case; or
(B) if the practitioner concerned has not contested the discipline proposed in the show- cause order or by the Committee in its report, impose the proposed discipline or a lesser discipline; or
(C) in a case where the Panel believes that it may be appropriate to impose a discipline greater than that recommended by the Committee or identified in a previous show- cause order, or in a case where the Panel determines that there is evidence of additional misconduct before the Court, or in a case where the practitioner concerned has contested the discipline proposed in the show-cause order, the Panel will close the case, refer the matter to the Committee for action under Rule 2 or impose the discipline that the Panel determines is appropriate discipline after considering the Committee's report and any report rebuttal and issuing any further show-cause order that the Panel considers appropriate.
(4) If the discipline imposed in the other jurisdiction has been stayed, the Panel may, in its discretion, defer any action or imposition of reciprocal discipline until that stay expires.
