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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: JOHN R. FUCHS

Case Information: 08-BG-0009
Short Caption:IN RE: JOHN R. FUCHSClassification:Bar Governance - Bar - Disciplinary Reciprocal
Superior Court or Agency Case Number:BDN455-07Filed Date:01/10/2008

Opening Event Date:01/10/2008Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:09/10/2008
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerBar CounselN
William R. RossNY
PetitionerBoard on Professional ResponsibilityN
Charles J. WilloughbyNN
RespondentJohn R. Fuchs NPro SeN

Events
Event DateStatusDescriptionResult
01/10/2008DISCIPLINARY LETTER from the Office of Bar Counsel with a certified copy of an order of the Supreme Court of California suspending repondent. Respondent was an inactive member of the Bar and was suspended for non-payment of dues and failures to comply with the annual registration requirement on December 31, 2005, and remains administratively suspended from the District of Columbia Bar.
01/25/2008ORDER Having received a certified copy of an order of the Supreme Court of California suspending respondent, it is, accordingly, pursuant to D.C. Bar Rule XI, Sec 11 (d), ORDERED that respondent is suspended from the practice of law in the District of Columbia pending final disposition of this proceeding, effective on the date of entry of this order, and it is FURTHER ORDERED that Bar Counsel inform the Board on Professional Responsibility of its position regarding reciprocal discipline within 30 days of the date of this order. Thereafter, respondent shall show cause before the Board on Professional Responsibility, if cause there be, within 10 days why identical, greater or lesser discipline should not be imposed in the District of Columbia. It is FURTHER ORDERED that the Board on Professional Responsibility is directed to recommend promptly thereafter to this Court whether identical, greater or lesser discipline should be imposed as reciprocal discipline or whether the Board, instead, elects to proceed de novo pursuant to D.C. Bar Rule XI, Sec 11. It is FURTHER ORDERED that respondent's attention is drawn to the requirement of Rule XI, Sec 14 relating to suspended attorneys and to the provisions of Rule XI, Sec 16 (c) dealing with the timing of eligibility for reinstatement as related to complinace with Rule XI, Sec 14, including the filing of the required affidavit. It is FURTHER ORDERED that the Clerk shall cause a copy of this order to be directed to the Chair of the Board on Professional Responsibility and transmitted to the respondent. It is FURTHER ORDERED that Bar Counsel advise the court if the matter is concluded without the necessity of further court action. (ETW)
07/29/2008REPORT AND RECOMMENDATION OF BOARD ON PROF. RESP. that the court impose identical reciprocal discipline of a two year suspension, with all but the first six months stayed, and that respondent be placed on probation for three years subject to the conditions imposed by the California Court. The period of suspension should be deemed to commence on the date on which respondent files an affidavit in compliance with the requirements of D.C. Bar R. XI, Sec 14 (g).
07/29/2008RECEIVED two addresses for respondent: 12100 Wilshire Boulevard, Suite 1180, Los Angeles, CA 90025-7116; and 17726 Calle de Palermo, Pacific Palisades, CA 90272
08/15/2008LETTER from the Office of Bar Counsel taking no exception to the report and Recommendation of the Board on Professional Responsibility.
09/10/2008BRIEFS COMPLETED
09/15/2008TMC - report and recommendation - proposed published order
09/25/2008SUSPENSION ORDERED that John R. Fuchs is hereby suspended from the practice of law in the District of Columbia for two years, stayed as to all but the first six months, respondent shall remain on probation for three years, subject to the conditions imposed by the California Supreme Court however, for purposes of reinstatement, this period will not commence to run until such time as respondent files an affidavit that fully complies with the requirements of D.C. Bar R. XI, Sec 14 (g) and complies with the requirements imposed in In re Fuchs, 940 A.2d 160 (D.C. 2006). See In re Hager, 812 A.2d 904 (D.C. 2002)(Conflict of interest stemming from failure to seek client's consent and attorney's personal gain warranted one year suspension); In re Alongi, 794 A.2d 605 (D.C. 2002)(conflict of interest violation in another jurisdiction is sufficient to impose reciprocal discipline in the District); In re Sumner, 762 A.2d 528 (D.C. 2000)(In uncontested reciprocal discipline cases, absent a finding of grave injustice, this court will impose identical reciprocal discipline). (FI, PR, KG)
10/06/2008AFFIDAVIT of respondent (Sec 14 (g))