In re Scinto
In re Scinto
Opinion of the Court
In this disciplinary proceeding against respondent Michael R. Scinto,
On September 9, 2004, the Supreme Court of New Jersey reprimanded respondent for disciplinary violations in which he stipulated to violating New Jersey Rule of Professional Conduct 8.4(c) (conduct involving dishonesty, fraud, deceit or misrepresentation).
In its report and recommendation, the Board found that the record supported the imposition of reciprocal discipline. In cases like this, where neither Bar Counsel nor the respondent opposes reciprocal discipline, “the most the Board should consider itself obliged to do ... is to review the foreign proceeding sufficiently to satisfy itself that no obvious miscarriage of justice would result in the imposition of identical discipline — a situation that we anticipate would rarely, if ever, present itself.” In re Childress, 811 A.2d 805, 807 (D.C. 2002) (quoting In re Spann, 711 A.2d 1262, 1265 (D.C. 1998)). Here, there was no miscarriage of justice in the New Jersey proceedings as the record reveals that respondent was not denied due process and respondent was represented by counsel when he stipulated to the misconduct and discipline. Moreover, this court has held that censure in the District of Columbia is the functional equivalent of a reprimand by the Supreme Court of New Jersey. See, e.g., In re Dreier, 651 A.2d 312 (D.C. 1994). See also In re Miller, 883 A.2d 105 (D.C. 2005) (involving public reprimand in Maryland); In re Bell, 716 A.2d 205, 206 (D.C. 1998) (involving public reprimand in Maryland).
Since no exception has been taken to the Board’s report and recommendation, the court gives it heightened deference. See D.C. Bar R. XI, § 9(g)(2); In re Delaney, 697 A.2d 1212, 1214 (D.C. 1997). As we find support in the record for the Board’s findings, we accept them, and adopt its recommended sanction. Accordingly, it is
ORDERED that Michael R. Scinto be, and hereby, is, publicly censured.
So ordered.
. Respondent was admitted to the D.C. Bar on August 5, 1994, but has been an inactive member since July 3, 2000, and has no disciplinary history in this jurisdiction.
. New Jersey Rule of Professional Conduct 8.4(c) is virtually identical to the District of Columbia counterpart.
Reference
- Full Case Name
- In re Michael R. SCINTO, A Member of the Bar of the District of Columbia Court of Appeals
- Status
- Published