In re Smith
In re Smith
Opinion of the Court
On July 30, 2003, the Court of Appeals of Maryland disbarred respondent, Scott G. Smith, a member of the bar of this court.
The disciplinary petition in Maryland was founded on four separate complaints. It charged respondent with violations of the Maryland Rules of Professional Conduct (“Maryland Rules”), namely by failing to keep client property safe, knowingly failing to respond to a disciplinary authority, and engaging in misconduct.
The Board recommends that this court impose identical reciprocal discipline of disbarment. The Office of Bar Counsel has indicated that it does not take exception to the Board’s recommendation. Respondent has filed a notice with this court that he pleads nolo contendere to the disbarment.
There is a presumption in favor of identical reciprocal discipline, unless the respondent demonstrates, or the court finds on the face of the record, by clear and convincing evidence, that one or more of the five exceptions set forth in D.C. Bar R. XI, § 11(c) applies. See In re Zdravkovich, 831 A.2d 964, 968 (D.C. 2003); In re Berger, 737 A.2d 1033, 1040-41 (D.C. 1999) (refusing to deviate from the rebuttable presumption that identical reciprocal discipline be imposed). When the imposition of reciprocal discipline is not contested by the
Since this court gives heightened deference to the Board’s recommendation where no exception has been taken, and as there is substantial support in the record for the Board’s findings, we accept them and adopt the recommended sanction. See D.C. Bar R. XI, § 9(g)(2); In re Deutchman, 861 A.2d 1275, 1276 (D.C. 2004); In re Steely, 806 A.2d 1236 (D.C. 2002); In re Delaney, 697 A.2d 1212, 1214 (D.C. 1997). Accordingly, it is
ORDERED that Scott G. Smith be disbarred from the practice of law in the District of Columbia.
So ordered.
. Respondent was admitted to the bar of this court on July 5, 1978.
. Following his Maryland disbarment, respondent was disbarred from the United States Court of Appeals for the District of Columbia Circuit and the Virginia State Bar as reciprocal discipline.
. In violation of Rules 1.15(a) & (b), 8.1(b), and 8.4(a), (b), & (c), of the Maryland Rules.
. These transactions would violate two provisions of the Business Occupation and Professions Article of the Maryland Code, §§ 10-306, 10-606(b), and Maryland Rule 16-609.
. The Board in its report concluded that the affidavit filed by respondent did not comply with the ''core” requirements of D.C. Bar R. XI, § 14(g). The Board initially recommended that if respondent were to file a compliant affidavit within 10 days of its report and recommendation (dated December 21, 2004), the effective date of his disbarment for purposes of reinstatement would be the date he first filed the affidavit with the Board, September 23, 2003. As respondent has failed to do so, for reinstatement purposes his disbarment will run from the date he files an affidavit that meets the requirements of D.C. Bar R. XI, § 14(g).
Reference
- Full Case Name
- In re Scott G. SMITH, A Member of the Bar of the District of Columbia Court of Appeals
- Status
- Published