In re Vejar
In re Vejar
Opinion of the Court
In this disciplinary proceeding against respondent, Jesus R. Romo Vejar,
On November 18, 2004, the Supreme Court of Arizona publicly censured respondent and placed him on probation for one year, with terms,
In its Report and Recommendation, the Board found that the record supported the imposition of substantially different discipline of a six-month suspension. See D.C.Bar. R. XI, § 11(f)(2). A two-step analysis applies to impose substantially different discipline. First, it is necessary to determine if the misconduct in question would not have resulted in the same punishment here as it did in the disciplining jurisdiction. Second, where the discipline imposed in this jurisdiction would be different from that of the disciplining court, it must be determined whether the difference is substantial. See In re De Maio, 893 A.2d 583, 587 (D.C. 2006)(citing In re Garner, 576 A.2d 1356, 1357 (D.C. 1990). The Board applied this test and explained that in this jurisdiction, the usual sanction for negligent misappropriation even with related violations is a six-month suspension. See, e.g. In re Edwards, 870 A.2d 90, 94 (D.C. 2005); In re Anderson, 778 A.2d 330 (D.C. 2001). The court has imposed a six-month suspension, even where the, respondent presented the same type of strong mitigating factors present in this case. See In re Davenport, 794 A.2d 602, 603 (D.C. 2002); In re Chang, 694 A.2d 877 (D.C. 1997) (per curiam). Because the difference between a public censure and a six-month suspension is substantial, the Board found that an exception to the imposition of identical reciprocal discipline exists and that substantially different discipline of a six-month suspension is instead warranted. See In re Mahoney, 602 A.2d 128, 130 (D.C. 1992).
Neither Bar Counsel nor respondent has filed any exceptions to the Board’s Report and Recommendation and
ORDERED that Jesus R. Romo Vejar be suspended from the practice of law in the District of Columbia for the period of six months, effective thirty days from the date of this opinion. See D.C. Bar R. XI § 14(f). We direct respondent’s attention to the requirements of D.C. Bar R. XI § 14(g) and § 16(c) and their effect on his eligibility for reinstatement.
So ordered.
. Respondent was admitted to the D.C. Bar on December 30, 1988, and has no disciplinary history in this jurisdiction.
. The terms required respondent to submit the trust account records of his office for audit and to refrain from violating the Rules of Professional Conduct or other rules of the Supreme Court of Arizona.
. D.C. Rules of Professional Conduct have counterparts to the Arizona Rules of Professional Conduct, including 1.3(a) (diligence) and 1.3(c) (promptness) and 1.15 (safekeeping property).
Reference
- Full Case Name
- In re Jesus R. Romo VEJAR, A Member of the Bar of the District of Columbia Court of Appeals (Bar Registration No. 416922)
- Status
- Published