| 9.9—Evidence
of Unadjudicated Acts of Misconduct
- Notice to attorney. Evidence of unadjudicated acts of misconduct
occurring prior to the Court’s order of disbarment or suspension
with fitness ("unadjudicated acts") may be introduced by Bar Counsel
at a hearing on reinstatement only if (1) Bar Counsel demonstrates
that petitioner received notice, in Bar Counsel’s letter dismissing
the complaint alleging the unadjudicated acts, that Bar Counsel
reserved the right to present the facts and circumstances of the
unadjudicated acts at a reinstatement hearing, and (2) Bar Counsel
gives notice in the Answer to the petition for reinstatement that
he intends to raise the unadjudicated acts at reinstatement.
- Admissibility of Unadjudicated Acts. Unadjudicated acts are
admissible if supported by a preponderance of the evidence. Bar
Counsel shall be required to make a written proffer of the evidence
to support admissibility of unadjudicated acts to the Chair of
the Hearing Committee considering the petition for reinstatement,
and to serve a copy of the proffer upon the petitioner. Except
for good cause shown, this proffer shall be filed no later than
ten days before the date of the prehearing conference, conducted
pursuant to Board Rule 9.6. The petitioner may file a response
within five working days of the filing of Bar Counsel’s proffer.
Unless the petitioner indicates in writing that he or she does
not contest Bar Counsel’s proffer, the Chair shall determine whether
Bar Counsel has met his burden of establishing the misconduct
or may require the submission of proofs. The Chair, in his or
her discretion, may also refer the matter to the full Hearing
Committee for a determination.
- Review of Ruling Concerning Admissibility of Evidence of Unadjudicated
Acts. The Hearing Committee shall include in its report to the
Board the basis for the ruling concerning the admissibility of
evidence of unadjudicated acts. The ruling is not subject to an
interlocutory appeal but will be considered as part of the Board’s
review of the Hearing Committee’s Report and Recommendation.
- Conduct Since Discipline was Imposed. The procedure for admissibility
of unadjudicated acts set forth in this section shall not apply
to evidence of conduct occurring after the Court’s entry of an
order of disbarment or suspension with fitness, which would be
admissible under In re Roundtree, 503 A.2d 1215 (D.C. 1985).
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