Friday, June 25, 2021

Ripple Effects Of Giuliani Suspension

For those who may be interested in the collateral consequences of the New York suspension of Rudolph Giuliani, be advised that he is currently listed as a member of the District of Columbia Bar admitted in 1976.

Rule XI, section 10 (b) Notification. It shall be the duty of Disciplinary Counsel to obtain copies of all orders of discipline from other disciplining courts. Upon learning that an attorney subject to the disciplinary jurisdiction of this Court has been disciplined by another disciplining court, Disciplinary Counsel shall obtain a certified copy of the disciplinary order and file it with this Court. In addition, any attorney subject to the disciplinary jurisdiction of this Court, upon being subjected to professional disciplinary action by another disciplining court, shall promptly inform Disciplinary Counsel of such action in writing.

When the District of Columbia Court of Appeals receives a certified copy of the suspension order

(d) Temporary suspension and show cause order.
Upon receipt of a certified copy of an order demonstrating that an attorney subject to the disciplinary jurisdiction of this Court has been suspended or disbarred by another disciplining court, the Court shall forthwith enter an order (1) suspending the attorney from the practice of law in the District of Columbia pending final disposition of any reciprocal disciplinary proceeding, and (2) directing the attorney to show cause within thirty days why identical reciprocal discipline should not be imposed. Disciplinary Counsel shall reply to the attorney's response to the show cause order no later than fifteen days after service of the response. Alternatively, no later than fifteen days after the attorney's response was due, Disciplinary Counsel may object to the imposition of reciprocal discipline based upon the factors set forth in subsection (c) of this section. In either case, Disciplinary Counsel shall provide the Court with the relevant portions of the record of the proceeding in the other disciplining court, the statute and the rules that governed it, and a short statement identifying all of the issues that the matter presents.

The Court of Appeals treats an interim suspension for great public harm as an order of discipline. While I have not located precedent that so holds, I dealt with that issue as disciplinary counsel and am confident I am correct.

On the other hand, some of the things I remember best never happened. 

An order of reciprocal suspension should be forthcoming soon. (Mike Frisch)

Bar Discipline & Process | Permalink


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