(a) Notification. If an attorney is found guilty of
a crime or pleads guilty or nolo contendere to a criminal
charge in a District of Columbia court, the clerk of that court shall,
within ten days from the date of such finding or plea, transmit to this
Court and to Disciplinary Counsel a certified copy of the court record
or docket entry of the finding or plea. Disciplinary Counsel shall
forward the certified copy to the Board. Upon learning that the
certified copy has not been timely transmitted by the clerk of the
court in which the finding or plea was made, or that an attorney has
been found guilty of a crime or has pleaded guilty or nolo
contendere to a criminal charge in a court outside the District of
Columbia or in any federal court, Disciplinary Counsel shall promptly
obtain a certified copy of the court record or docket entry of the
finding or plea and transmit it to this Court and to the Board. The
attorney shall also file with this Court and the Board, within ten days
from the date of such finding or plea, a certified copy of the court
record or docket entry of the finding or plea.
(b) Serious crimes. The term "serious crime" shall include (1) any felony, and (2) any other crime a necessary element of which, as determined by the statutory or common law definition of such crime, involves improper conduct as an attorney, interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a "serious crime."
(c) Action by the Court—Serious crimes. Upon the filing with this Court of a certified copy of the record or docket entry demonstrating that an attorney has been found guilty of a serious crime or has pleaded guilty or nolo contendere to a charge of serious crime, the Court shall enter an order immediately suspending the attorney, notwithstanding the pendency of an appeal, if any, pending final disposition of a disciplinary proceeding to be commenced promptly by the Board. Upon good cause shown, the Court may set aside such order of suspension when it appears in the interest of justice to do so.
(d) Action by the Board—Serious crimes. Upon receipt of a certified copy of a court record demonstrating that an attorney has been found guilty of a serious crime or has pleaded guilty or nolo contendere to a charge of serious crime, or any crime that appears to be a serious crime as defined in subsection (b) of this section, Disciplinary Counsel shall initiate a formal proceeding in which the sole issue to be determined shall be the nature of the final discipline to be imposed. However, if the Court determines under subsection (c) of this section that the crime is not a serious crime, the proceeding shall go forward on any charges under the Rules of Professional Conduct that Disciplinary Counsel may institute. A disciplinary proceeding under this subsection may proceed through the Hearing Committee to the Board, and the Board may hold such hearings and receive such briefs and other documents as it deems appropriate, but the proceeding shall not be concluded until all direct appeals from conviction of the crime have been completed.
(e) Other crimes. Upon the receipt of a certified copy of a court record demonstrating that an attorney has been found guilty of a crime other than a serious crime, or has pleaded guilty or nolo contendere to a charge of crime other than a serious crime, Disciplinary Counsel shall investigate the matter and proceed as appropriate under section 8 of this rule.
(f) Proof of criminal convictions. A certified copy of the court record or docket entry of a finding that an attorney is guilty of any crime, or of a plea of guilty or nolo contendere by an attorney to a charge of any crime, shall be conclusive evidence of the commission of that crime in any disciplinary proceeding based thereon.
(g) Reinstatement. An attorney suspended under subsection (c) of this section may file with the Court and the Board, at any time, a certificate demonstrating that the underlying finding or plea or the judgment of conviction based thereon has been reversed, vacated, or set aside. Upon the filing of the certificate, the Court shall promptly enter an order reinstating the attorney, but the reinstatement shall not terminate any formal disciplinary proceeding then pending against the attorney, the disposition of which shall be determined by the Board on the basis of all available evidence.
(b) Serious crimes. The term "serious crime" shall include (1) any felony, and (2) any other crime a necessary element of which, as determined by the statutory or common law definition of such crime, involves improper conduct as an attorney, interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a "serious crime."
(c) Action by the Court—Serious crimes. Upon the filing with this Court of a certified copy of the record or docket entry demonstrating that an attorney has been found guilty of a serious crime or has pleaded guilty or nolo contendere to a charge of serious crime, the Court shall enter an order immediately suspending the attorney, notwithstanding the pendency of an appeal, if any, pending final disposition of a disciplinary proceeding to be commenced promptly by the Board. Upon good cause shown, the Court may set aside such order of suspension when it appears in the interest of justice to do so.
(d) Action by the Board—Serious crimes. Upon receipt of a certified copy of a court record demonstrating that an attorney has been found guilty of a serious crime or has pleaded guilty or nolo contendere to a charge of serious crime, or any crime that appears to be a serious crime as defined in subsection (b) of this section, Disciplinary Counsel shall initiate a formal proceeding in which the sole issue to be determined shall be the nature of the final discipline to be imposed. However, if the Court determines under subsection (c) of this section that the crime is not a serious crime, the proceeding shall go forward on any charges under the Rules of Professional Conduct that Disciplinary Counsel may institute. A disciplinary proceeding under this subsection may proceed through the Hearing Committee to the Board, and the Board may hold such hearings and receive such briefs and other documents as it deems appropriate, but the proceeding shall not be concluded until all direct appeals from conviction of the crime have been completed.
(e) Other crimes. Upon the receipt of a certified copy of a court record demonstrating that an attorney has been found guilty of a crime other than a serious crime, or has pleaded guilty or nolo contendere to a charge of crime other than a serious crime, Disciplinary Counsel shall investigate the matter and proceed as appropriate under section 8 of this rule.
(f) Proof of criminal convictions. A certified copy of the court record or docket entry of a finding that an attorney is guilty of any crime, or of a plea of guilty or nolo contendere by an attorney to a charge of any crime, shall be conclusive evidence of the commission of that crime in any disciplinary proceeding based thereon.
(g) Reinstatement. An attorney suspended under subsection (c) of this section may file with the Court and the Board, at any time, a certificate demonstrating that the underlying finding or plea or the judgment of conviction based thereon has been reversed, vacated, or set aside. Upon the filing of the certificate, the Court shall promptly enter an order reinstating the attorney, but the reinstatement shall not terminate any formal disciplinary proceeding then pending against the attorney, the disposition of which shall be determined by the Board on the basis of all available evidence.