Saturday, September 15, 2018

A Collateral Consequence For Paul Manafort

When a member of the District of Columbia Bar pleads guilty to or is adjudicated guilty of a crime, the following provisions of D.C. App. R. XI, section 10 are applicable

 (a) Notification. If an attorney is found guilty of a crime or pleads guilty or nolo contendere to a criminal charge in a District of Columbia court, the clerk of that court shall, within ten days from the date of such finding or plea, transmit to this Court and to Disciplinary Counsel a certified copy of the court record or docket entry of the finding or plea. Disciplinary Counsel shall forward the certified copy to the Board. Upon learning that the certified copy has not been timely transmitted by the clerk of the court in which the finding or plea was made, or that an attorney has been found guilty of a crime or has pleaded guilty or nolo contendere to a criminal charge in a court outside the District of Columbia or in any federal court, Disciplinary Counsel shall promptly obtain a certified copy of the court record or docket entry of the finding or plea and transmit it to this Court and to the Board. The attorney shall also file with this Court and the Board, within ten days from the date of such finding or plea, a certified copy of the court record or docket entry of the finding or plea.
  (b) Serious crimes. The term "serious crime" shall include (1) any felony, and (2) any other crime a necessary element of which, as determined by the statutory or common law definition of such crime, involves improper conduct as an attorney, interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a "serious crime."
  (c) Action by the Court—Serious crimes. Upon the filing with this Court of a certified copy of the record or docket entry demonstrating that an attorney has been found guilty of a serious crime or has pleaded guilty or nolo contendere to a charge of serious crime, the Court shall enter an order immediately suspending the attorney, notwithstanding the pendency of an appeal, if any, pending final disposition of a disciplinary proceeding to be commenced promptly by the Board. Upon good cause shown, the Court may set aside such order of suspension when it appears in the interest of justice to do so.

According to the web page of the D.C. Bar, among the membership is

Paul J Manafort Jr. 

Membership Type: INACTIVE ATTORNEY 
Membership Status: Good Standing 
Date of Admission: 01/20/1979 

Thus, we can expect an order suspending him in the District of Columbia shortly.   His inactive status does not deprive the court of the jurisdiction to suspend and disbar him. 

As the crimes for which he has been adjudicated guilty include offenses that involve moral turpitude per se, he will be disbarred "as night follows day" unless he is pardoned. 

If a pardon is granted, he will nonetheless be subject to discipline although not automatic and summary disbarment. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2018/09/when-a-member-of-the-district-of-columbia-bar-pleads-guilty-or-is-adjudicated-guilty-to-a-crime-the-following-provisions-of.html

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