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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: THEODORE S. SILVA, JR.

Case Information: 08-BG-0082
Short Caption:IN RE: THEODORE S. SILVA, JR.Classification:Bar Governance - Bar - Disciplinary Reciprocal
Lead:08-BG-0082Consolidated: 09-BG-1582
Superior Court or Agency Case Number:BDN62-08Filed Date:02/11/2008

Opening Event Date:02/11/2008Case Status:Decided/Dismissed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:05/06/2010
Argued/Submitted:10/13/2010
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerBar CounselN
Wallace E. Shipp NN
Julia L. PorterYY
PetitionerBoard on Professional ResponsibilityN
Charles J. WilloughbyNN
RespondentTheodore S. Silva NPro SeN

Events
Event DateStatusDescriptionResult
02/11/2008DISCIPLINARY LETTER from the Office of Bar Counsel with a certified copy of an order of the Virginia State Bar Disciplinary Board issuing a public reprimand with terms to respondent, based on a guilty plea to a felony charge of knowingly or intentionally possessing cocaine.
03/04/2008ORDER It appearing that the court has received a certified copy of an order of the Virginia State Bar Disciplinary Board issuing a public reprimand, with terms, to respondent, it is accordingly, pursuant to D.C. Bar Rule XI, Sec 11 (e), ORDERED that Bar Counsel infrom the Board on Professional Responsibility (the Board) of its position regarding reciprocal discipline within 30 days of the date of this order. Thereafter, respondent shall show cause before the Board, 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 is directed to recommend promptly thereafter to this court whethter identical, greater or lesser discipline should be imposed as reciprocal discipline, or whether the Board, instead, elects to proceed de novo pursuant to Rule XI, Sec 11. 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 respondent. (ETW)
12/31/2009REPORT AND RECOMMENDATION OF BOARD ON PROF. RESP. that the Court suspend respondent for a period of three years effective for purposes of reinstatement from the date he files his affidavit required under D.C. Bar R. XI, Sec 14 (g), require that he demonstrate his fitness as a condition of reinstatement showing that he has broken his concaine addiction and not used cocaine during the period of his suspension, and direct Bar Counsel to publish the discipline imposed by the Virginia Board in accordance with D.C. Bar R. XI, Sec 11 (c).
01/05/2010ORDER It is ORDERED, sua sponte, that case nos. 08-BG-82 and 09-BG-1582 are consolidated for all purposes herein. (GP)
01/08/2010PETITIONER'S EXCEPTIONS (Bar Counsel)
01/20/2010RESPONDENT'S EXCEPTIONS
02/04/2010LETTER from the Board on Professional Responsibility informing the court that the Board will not seek leave to file a brief at this time. In the event that Bar Counsel's brief raises an issue about which the Board concludes it would be advisable to address the Court, the Board will file an appropriate motion. In the meantime the Board stands by its report and recommendation.
02/04/2010ORDER On consideration of the exceptions of respondent and Bar Counsel filed in response to the Board on Professional Responsibility's report and recommendation filed on December 31, 2009, and the letter from the Board on Professional Responsibility dated February 4, 2010, informing the Court that the Board will not seek leave to file a brief at this time, and in the event that Bar Counsel's brief raises an issue about which the Board concluded it would be advisable to address the Court, the Board will file an appropriate motion, it is ORDERED that the brief of respondent (an original and three copies) shall be filed within 40 days from the date of this order, and the brief of Bar Counsel shall be filed within 30 days thereafter. (GP)
02/23/2010ORDER On consideration of the report and recommendation of the Board on Professional Responsibility that the Court suspend respondent for a period of three years effective for purposes of reinstatement from the date he files his affidavit required under D.C. Bar Rule XI, Sec 14 (g), require that he demonstrate his fitness as a condition of reinstatement showing that he has broken his cocaine addiction and not used cocaine during the period of his suspension, and direct Bar Counsel to publish the discipline imposed by the Virginia Board in accordance with D.C. Bar Rule XI, Sec 11 (c), it is ORDERED that respondent show cause within thirty days why the court should not enter an order of suspension pending final action on the Board on Professional Responsibility's recommendation. It is FURTHER ORDERED that respondent's attention is drawn to the requirement of Rule XI, Sec 14 relatring to suspended attorneys and to the provisions of Rule XI, Sec 16 (c) dealing with the timing of eligibility for reinstatement as related to compliance with Rule XI, Sec 14, including the filing of the required affidavit. (ETW)
03/16/2010RESPONDENT'S BRIEF
03/25/2010RESPONSE TO ORDER TO SHOW CAUSE (Respondent)
04/07/2010PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF (Unopposed)(Bar Counsel)
04/15/2010ORDER On consideration of Bar Counsel's unopposed motion for an extension of time in which to file Bar Counsel's brief, it is ORDERED that Bar Counsel's motion is granted and Bar Counsel's brief shall be filed on or before May 6, 2010. (GP)
04/20/2010TMC - report and recommendation of BPR - OTSC - ROTSC - Bar Counsel's request to act on OTSC - proposed order
05/06/2010PETITIONER'S BRIEF (Bar Counsel)
05/06/2010PETITIONER'S MISCELLANEOUS PROCEDURAL MOTION that the court act on its show cause order of February 23, 2010.
05/06/2010BRIEFS COMPLETED
05/06/2010FINAL SCREENING - REGULAR CALENDAR
05/17/2010RESPONDENT'S OPPOSITION to Bar Counsel request that the court act on its show cause order of February 23, 2010.
05/21/2010ORDER On consideation of this court's February 23, 2010, order directing respondent to show cause why he should not be immediately suspended pending final action on the Board on Professional Responsibility's report and recommendation, the response thereto, and petitioner's request for the court to act on the show cause order and the opposition thereto, it is ORDERED that Theodore S. Silva, Jr., Esq. is hereby suspended from the practice of law in the District of Columbia, effective immediately and pending further action of this court. See D.C. Bar R. XI, Sec 9 (g)(2)(a). (KR,BR,FA)
05/27/2010RESPONDENT'S REPLY BRIEF
06/01/2010RECEIVED from the Office of Bar Counsel a notice of non-filing by respondent the required affidavit pursuant to D.C. Bar R. XI, Sec 14. This letter advised respondent of his obligation to file the above mentioned affidavit.
06/23/2010 It appearing that this appeal is likely to be calendared for argument during the month(s) of September 2010 through November 2010, it is ORDERED that counsel shall advise this court in writing by JUL. 09, 2010, of specific dates du ring that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. (Please see the attached instruction sheet.) (aj) Garland Pinkston, Jr. Clerk
07/08/2010LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Julia L. Porter, Esquire)(Senior Assistant Bar Counsel)
07/09/2010LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING Theodore S. Silva Jr. (Respondent)
08/25/2010CALENDAR NOTICE SENT
10/07/2010CERTIFICATE PER RULE 28 (Bar Counsel)
10/13/2010FiledACTION - Argued / Submitted
10/13/2010FiledARGUED before Judges Glickman, Fisher, Pryor Theodore S. Silva, Jr., Pro Se for respondent Julia L. Porter, Esq. for petitioner
12/17/2010AFFIDAVIT of respondent D.C. Bar R. XI, Sec 14
09/01/2011FiledSuspended from the practice of law in the District of Columbia for three years, effective from the date on which he filed (or, if necessary, hereafter files) the affidavit required by D.C. Bar R. XI, Sec 14 (g), and subject to the requirement that he demonstrate his fitness to resume the practice of law as a condition of his reinstatement. (GL,FI,PY)
09/01/2011FiledLetter From the Board on Professional Responsibilityl advising the court that respondent's Bar Registration No. is 412894 and that it is wrong on the opinion. (Petitioner Board on Professional Responsibility)