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Rule 14-519

Rule 14-519. Lawyers convictedof a crime.

(a) Transmittal of judgment ofconviction. The court in which a lawyer is convicted of any felony or anymisdemeanor which reflects adversely on the lawyer's honesty, trustworthinessor fitness as a lawyer shall, within 30 days after the conviction, transmit acertified copy of the judgment of conviction to OPC counsel.

(b) Motion for interimsuspension. Upon being advised that a lawyer has been convicted of a crimewhich reflects adversely on the lawyer's honesty, trustworthiness or fitness asa lawyer, OPC counsel shall determine whether the crime warrants interimsuspension. Upon a determination that the crime warrants interim suspension,OPC counsel shall file a formal complaint, accompanied by the certified copy ofthe judgment of conviction, and concurrently file a motion for immediateinterim suspension. An action is commenced under this rule when both thepetition for interim suspension and the formal complaint are filed. Therespondent may assert any jurisdictional deficiency which establishes that theinterim suspension may not properly be ordered, such as that the crime does notreflect adversely on the respondent's honesty, trustworthiness or fitness as alawyer, or that the respondent is not the individual convicted. The respondentis not entitled to an evidentiary hearing but may request an informal hearing.If an order for interim suspension is not obtained, the formal complaint shallbe dismissed and OPC counsel shall process the matter as it does any otherinformation coming to the attention of the OPC.

(c) Imposition. The districtcourt shall place a respondent on interim suspension upon proof that therespondent has been convicted of a crime which reflects adversely on therespondent's honesty, trustworthiness or fitness as a lawyer regardless of thependency of any appeal.

(d) Dissolution of interimsuspension. Interim suspension may be dissolved as provided in Rule 14-518(d).

(e) Conviction as conclusiveevidence. Except as provided in paragraph (b), a certified copy of a judgmentof conviction constitutes conclusive evidence that the respondent committed thecrime.

(f) Automatic reinstatementfrom interim suspension upon reversal of conviction. If a respondent suspendedsolely under the provisions of paragraph (c) demonstrates that the underlyingconviction has been reversed or vacated, the order for interim suspension shallbe vacated and the respondent placed on active status. The vacating of theinterim suspension shall not automatically terminate any disciplinaryproceeding then pending against the respondent, the disposition of which shallbe determined on the basis of the available evidence other than conviction.

(g) Notice to clients and otherof interim suspension. An interim suspension under this rule shall constitute asuspension of the respondent for the purpose of Rule 14-526.