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Rule 15-519. Licensed paralegal practitionersconvicted of a crime.

(a) Transmittal of judgmentof conviction. The court in which a licensed paralegal practitioner isconvicted of any felony or any misdemeanor which reflects adversely on thelicensed paralegal practitioner?s honesty, trustworthiness or fitness as alicensed paralegal practitioner shall, within 30 days after the conviction,transmit a certified copy of the judgment of conviction to OPC counsel.

(b) Motion for interimsuspension. Upon being advised that a licensed paralegal practitioner has beenconvicted of a crime which reflects adversely on the licensed paralegalpractitioner?s honesty, trustworthiness or fitness as a licensed paralegalpractitioner, 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 alicensed paralegal practitioner, or that the respondent is not the individualconvicted. The respondent is not entitled to an evidentiary hearing but mayrequest an informal hearing. If an order for interim suspension is notobtained, the formal complaint shall be dismissed and OPC counsel shall processthe matter as it does any other information 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 licensed paralegal practitionerregardless of the pendency of any appeal.

(d) Dissolution of interimsuspension. Interim suspension may be dissolved as provided in Rule 15-518(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 disciplinary proceedingthen pending against the respondent, the disposition of which shall bedetermined on the basis of the available evidence other than conviction.

(g) Notice to clients andother of interim suspension. An interim suspension under this rule shallconstitute a suspension of the respondent for the purpose of Rule 15-526.

 

Effective November 1, 2018