Wednesday, December 14, 2022

Giuliani Preliminary Verdict Of Culpability Announced

I understand that the District of Columbia Hearing Committee in In re Giuliani will reconvene tomorrow at 9 am to consider additional evidence and - significantly - announce its "preliminary non-binding" determination whether any of the charges have been proven by clear and convincing evidence.

The resumed hearing can only be accessed in real time at this link. 

Update: the Committee has announced its intention to reconvene at 10:10 to announce its preliminary determination.

Breaking: the Committee has made a preliminary finding that at least one violation has been proven by clear and convincing evidence.

Disciplinary Counsel is asking for disbarment.

The process going forward is for the Hearing Committee to file a report and recommendation. Although such reports are due within 120 days of the close of the record, that rule is rarely observed.

The report is then reviewed by the Board on Professional Responsibility, which is bound by the Hearing Committee's findings of fact but considers the sanction de novo.

The Board report is then reviewed by the D.C. Court of Appeals, which has the sole and ultimate authority to impose discipline.

In other words, this is the first step on a long journey. (Mike Frisch)

Bar Discipline & Process | Permalink


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