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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: LUCY R. EDWARDS

Case Information: 06-BG-1480
Short Caption:IN RE: LUCY R. EDWARDSClassification:Bar Governance - Bar - Disciplinary Original
Lead:06-BG-1480Consolidated: 07-BG-0608
Superior Court or Agency Case Number:BDN488-02Filed Date:12/18/2006

Opening Event Date:12/18/2006Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:06/19/2008
Argued/Submitted:05/27/2009
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerBar CounselN
Wallace E. Shipp NN
Ross T. Dicker YN
PetitionerBoard on Professional ResponsibilityN
Charles J. WilloughbyNN
RespondentLucy R. Edwards N
Nigel L. ScottYY

Events
Event DateStatusDescriptionResult
12/18/2006REPORT AND RECOMMENDATION OF BOARD ON PROF. RESP. that respondent be suspended from the practice of law for thirty (30) days.
01/05/2007RESPONDENT'S EXCEPTIONS
01/08/2007PETITIONER'S EXCEPTIONS (Bar Counsel)
02/02/2007LETTER from the Board on Professional Responsibility advising the Court that the Board will not seek leave to file a brief at this time. In the event that the briefs of either the respondent or Bar Counsel raises an issue about which the Board concludes it would be advisable to address the Court, the Board will file an appropriate motion.
02/02/2007error
02/05/2007ORDER 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 18, 2006, and the letter from the Board on Professional Responsibility (the Board) dated February 2, 2007, advising the court that the Board will not seek leave to file a brief at this time, but in the event that the briefs of either the respondent or Bar Counsel raise an issue about which the Board concludes 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)
03/19/2007RESPONDENT'S MOTION TO EXTEND TIME TO FILE BRIEF (Consent)
03/22/2007ORDER On consideration of respondent's consent motion to enlarge time to file respondent's brief, it is ORDERED that respondent's motion is granted and respondent's brief shall be filed on or before April 18, 2007. (GP)
04/03/2007RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION to withdraw as counsel for respondent.
04/30/2007ORDER On consideration of the unopposed motion of counsel for respondent to withdraw, it is ORDERED that the motion of counsel for respondent is granted and the appearance of W. Alton Lewis, Esquire, as counsel for respondent is hereby withdrawn. It is FURTHER ORDERED that respondent shall advise this Court, within 15 days from the date of this order, as to the identity of new counsel, or if respondent intends to proceed on appeal pro se. (ETW)
05/15/2007RESPONDENT'S ANSWER/RESPONSE to order dated April 30, 2007, that she will proceed pro se but reserve the right to retain counsel for oral argument.
05/17/2007ORDER On consideration of respondent's response to this Court's order dated April 30, 2007, advising the Court that respondent will proceed on appeal pro se but reserve the right to obtain counsel, and it appearing that respondent's brief was due to be filed with the court on April 18, 2007, and it further appearing that respondent's brief has not been lodged with the court, it is ORDERED that respondent shall file within 20 days from the date of this order respondent's brief, accompanied by a motion for leave to file brief out of time. Failure to comply may result in the scheduling of this appeal on the report and recommendation of the Board on Professional Responsibility only. (GP)
06/07/2007RESPONDENT'S MOTION TO EXTEND TIME TO FILE BRIEF (2nd) (Consent)
06/07/2007ORDER ON consideration of respondent's consent motion to enlarge time to file respondent's brief, it is ORDERED that respondent's motion is granted and respondent's brief shall be filed on or before July 6, 2007. (GP)
07/12/2007ORDER On consideration of this court's order issued on June 7, 2007, which granted respondent's consent motion to enlarge time until July 6, 2007, to file respondent's brief, and it appearing that respondent has failed to file respondent's brief, it is ORDERED that respondent shall file within 10 days from the date of this order respondent's brief, accompanied by a motion for leave to file brief out of time. Failure to comply may result in the scheduling of this appeal on the report and recommendation of the Board on Professional Responsibility and Bar Counsel's brief only. (GP)
07/13/2007RESPONDENT'S MOTION FOR LEAVE TO FILE BRIEF (Consent)
07/13/2007RECEIVED respondent's brief
07/13/2007RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION to admit exhibits in mitigation as an addendum to the record.
07/13/2007RECEIVED respondent's supplement to the record.
07/17/2007ORDER On consideration of respondent's consent motion for leave to file respondent's lodged brief, and the lodged brief, it is ORDERED that respondent's motion is granted and respondent's brief is hereby filed. (GP)
07/17/2007RESPONDENT'S BRIEF
07/25/2007PETITIONER'S OPPOSITION to respondent's motion to admit exhibits in mitigation as an addendum to the records.
07/25/2007PETITIONER'S MISCELLANEOUS PROCEDURAL MOTION to consolidate two separate disciplinary matters against respondent now pending review by the court.
08/02/2007RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION to enlarge time to file respondent's reply to Bar Counsel's opposition to respondent's motion to admit exhibits in mitigation as an addendum to the record. (Consent)
08/06/2007RESPONDENT'S OPPOSITION to Bar Counsel's motion to consolidate two separate disciplinary matters against respondent.
08/10/2007ORDER On consideration of respondent's consent motion to enlarge time to file respondent's reply to Bar Counsel's opposition to respondent's motion to admit exhibits in mitigation as an addendum to the record, it is ORDERED that respondent's motion is granted and respondent's reply to Bar Counsel's opposition to respondent's motion to admit exhibits in mitigation as an addendum to the record shall be filed on or before August 15, 2007. (JAC)
08/15/2007PETITIONER'S REPLY to respondent's opposition to Bar Counsel's motion to consolidate.
08/15/2007RESPONDENT'S REPLY
08/20/2007ORDER On consideration of Bar Counsel's motion to consolidate two separate disciplinary matters against respondent now pending review by the court, and direct Bar Counsel to file a consolidated brief in response to respondent's exceptions in both matters, respondent's opposition, and Bar Counsel's reply, and it appearing that respondent has filed respondent's brief in case no. 06-BG-1480, and it further appearing that respondent's brief is due to be filed in case no. 07-BG-608 on August 27, 2007, it is ORDERED that Bar Counsel's motion to consolidate case nos. 06-BG-1480 and 07-BG-608 is granted. In re Thompson, 492 A.2d 866 (D.C. 1985). It is FURTHER ORDERED that Bar Counsel is directed to file a consolidated brief in response to respondent's exception in both matters, within 30 days from the date respondent files her brief in case no. 07-BG-608. (RZ, FI, TE)
08/22/2007ORDER On consideration of respondent's motion to admit exhibits in mitigation as an addendum to the record in BDN: 488-02, case no. 06-BG-1480, Bar Counsel's opposition, and respondent's reply, it is ORDERED that respondent's motion to admit exhibits in mitigation as an addendum to the record in BDN: 488-02, case no. 06-BG-1480, is denied. (RZ, FI, TE)
08/24/2007RESPONDENT'S MOTION TO EXTEND TIME TO FILE BRIEF in case no. 07-BG-608
09/04/2007RESPONDENT'S MOTION FOR RECONSIDERATION of orders entered on August 20 and August 22, 2007.
09/07/2007ORDER On consideration of respondent's motion to enlarge time to file respondent's brief in case no. 07-BG-608, BDN: 397-96, and the statement of Ross Dicker, Esquire, Assistant Bar Counsel, that he has no objection to the Court granting respondent's motion, it is ORDERED that respondent's motion is granted, and respondent's brief in case no. 07-BG-608, BDN: 397-96, shall be filed on or before October 17, 2007. (GP)
09/11/2007PETITIONER'S OPPOSITION to respondent's motion for reconsideration.
10/02/2007ORDER On consideration of respondent's motion for reconsideration of this Court's order dated August 20, 2007, which consolidated case nos. 06-BG-1480 and 07-BG-608, and directed Bar Counsel to file a consolidated brief in response to respondent's exception in both matters; and also for reconsideration of this Court's order dated August 22, 2007, which denied respondent's motion to admit exhibits in mitigation as an addendum to the record in BDN: 488-02, case no. 06-BG-1480 and Bar Counsel's opposition thereto, it is ORDERED that respondent's motion for reconsideration of this Court's orders dated August 20, 2007 and August 22, 2007, is denied. (RZ, FI, TE)
10/17/2007RESPONDENT'S MISCELLANEOUS SUBSTANTIVE MOTION to remand the record in no. 07-BG-608.
10/25/2007PTNR MOTION TO EXTEND TIME TO FILE OPPOSITION (Consent)
10/29/2007RECEIVED Bar Counsel's opposition to respondent motion to remand the record in case no. 07-BG-608.
10/30/2007ORDER ON consideration of Bar Counsel's consent motion for an enlargement of time to file Bar Counsel's lodged opposition to respondent's motion to remand the record in case no. 07-BG-608, and the lodged opposition, it is ORDERED that Bar Counsel's motion is granted and Bar Counsel's lodged opposition is hereby filed. (GP)
10/30/2007PETITIONER'S OPPOSITION (Bar Counsel)
11/07/2007RESPONDENT'S MISCELLANEOUS SUBSTANTIVE MOTION to enlarge time to file reply to Bar Counsel's opposition to respondent's motion to remand the record. (Consent)
11/08/2007ORDER On consideration of respondent's consent motion for an enlargement of time to file reply to Bar Counsel's opposition to respondent's motion to remand the record in case no. 07-BG-608, it is ORDERED that respondent's motion is granted and respondent's reply shall be filed on or before November 19, 2007. (GP)
11/19/2007RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION for an enlargement of time within which to file reply to opposition to respondent's motion to remand the record in 07-BG-708. (Consent)
11/30/2007RESPONDENT'S MOTION FOR LEAVE TO FILE A REPLY out of time.
11/30/2007RECEIVED respondent's motion for leave to file respondent's reply out of time
01/11/2008ORDER On consideration of respondent's motion to remand the record in case no. 07-BG-609, Bar Counsel's opposition, respondent's notice of Bar Counsel's consent to two day enlargement of time within which to file reply to Bar Counsel's opposition, respondent's motion for leave to file respondent's lodged reply out of time, and respondent's lodged reply, it is ORDERED that respondent's motion for leave to file respondent's lodged reply to Bar Counsel's opposition to respondent's motion to remand the record in case no. 07-BG-608 out of time is granted and the Clerk is directed to fle respondent's lodged reply. It is FURTHER ORDERED that respondent's motion to remand the record in case no. 07-BG-608 is denied. It is FURTHER ORDERED that the brief of respondent shall be filed on or before January 22, 2008. (RZ, FI, TE)
01/11/2008RESPONDENT'S REPLY to Bar Counsel's oppostion to remand the record in case no. 07-BG-608.
01/22/2008RESPONDENT'S MOTION TO EXTEND TIME TO FILE BRIEF (Consent)
01/24/2008ORDER On consideration of respondent's consent motion to enlarge time to file respondent's brief in case no. 07-BG-608 (BDN: 397-96), it is ORDERED that respondent's motion is granted and respondent's brief shall be filed on or before February 12, 2008. No further requests for extensions of time will be entertained by the court absent extraordinary circumstances. (GP)
02/12/2008RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION for a three day enlargement of time to file brief.
02/15/2008RESPONDENT'S MOTION FOR LEAVE TO FILE BRIEF out of time.
02/15/2008RECEIVED respondent's brief
02/26/2008ORDER On consideration of respondent's motions to enlarge time to file respondent's lodged brief in case no. 07-BG-608 (BDN: 397-96), and the statement of Ross Dicker, Esquire, Assistant Bar Counsel, that Bar Counsel has no objection to the Court granting respondent's motion, and respondent's lodged brief, it is ORDERED that respondent's motion is granted and respondent's brief is hereby filed in case no. 07-BG-608 (BDN: 397-96). (GP)
02/26/2008RESPONDENT'S BRIEF in case no. 07-BG-608
03/18/2008PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF (Consent)(Bar Counsel)
03/19/2008ORDER On consideration of Bar Counsel's consent motion for an enlargement of time to file brief, it is ORDERED that Bar Counsel's motion is granted and Bar Counsel's brief shall be filed on or before April 21, 2008. (GP)
04/18/2008PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF (unopposed) (Bar Counsel)
04/23/2008ORDER On consideration of Bar Counsel's unopposed motion for an enlargement of time to file brief, it is ORDERED that Bar Counsel's motion is granted and Bar Counsel's brief shall be filed on or before May 5, 2008. (GP)
05/05/2008PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF
05/16/2008PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF (Bar Counsel)
05/20/2008SUPPLEMENTAL RECORD by the Board on Professional Responsibility of materials inadvertently omitted from the record.
05/23/2008PETITIONER'S MISCELLANEOUS PROCEDURAL MOTION for permission to file consolidated brief exceeding the page limitations set forth in D.C. App. R. 32 (a)(6)
05/23/2008RECEIVED Bar Counsel's brief
06/13/2008RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION to enlarge time to file respondent's reply brief.
06/19/2008ORDER On consideration of Bar Counsel's motions for an enlargement of time to file Bar Counsel's lodged brief, and construed as Bar Counsel's motions for permission to file Bar Counsel's consolidated brief exceeding the page limitations set forth in D.C. App. R. 32 (a)(6), it is ORDERED that Bar Counsel's motion is granted and Bar Counsel's brief is hereby filed. (RZ, FI, TE)
06/19/2008PETITIONER'S BRIEF (Bar Counsel) consolidated brief
06/19/2008BRIEFS COMPLETED
06/19/2008FINAL SCREENING - REGULAR CALENDAR
06/26/2008ORDER On consideration of respondent's unopposed motion for an enlargement of time to file respondent's reply brief, it is ORDERED that respondent's motion is granted and respondent's reply brief shall be filed on or before July 25, 2008. (GP)
11/05/2008RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION for leave to file reply brief out of time.
11/05/2008RECEIVED respondent's reply brief
11/17/2008ORDER On consideration of respondent's unopposed motion for leave to file the lodged reply brief out of time, and it appearing that respondent's reply brief was due to be filed with the Court on or before July 25, 2008, it is ORDERED that respondent's motion is granted and respondent's reply brief is hereby filed. (GP)
11/17/2008RESPONDENT'S REPLY BRIEF
12/12/2008 It appearing that this appeal is likely to be calendared for argument during the months of March 2009 thru May 2009, it is ORDERED that counsel shall advise this court in writing by January 12, 2009 of specific dates during that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. Counsel must continue to advise the court of availabilities for subsequent months until this case is in fact set for argument. Note that the calendar is prepared approximately two months in advance, e.g. January calendar set for release at the end of November. The court does not encourage the filing of motions to postpone a scheduled argument. If you do seek a change in a scheduled argument date, your motion should both indicate the opponent's position with respect to your request and alternative dates when you and opposing counsel would be available. You may call the Calendar Clerk prior to filing such a motion for information on dates in the scheduled month when the courtroom is available.(aj) Garland Pinkston, Jr. Clerk
12/29/2008LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING Ross T. Dicker, Esquire (Assistant Bar Counsel)
01/13/2009LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING (Lucy R. Edwards) (Respondent)
01/23/2009LETTER to respondent regarding the scheduling of the above matters for oral argument. (JAC)
03/13/2009APPEARANCE on Nigel L. Scott, Esquire, 7306 Georgia Avenue, N.W., Washington, D.C. 20012
04/01/2009CALENDAR NOTICE SENT
05/27/2009FiledACTION - Argued / Submitted
05/27/2009ARGUED before Judges Fisher, Blackburne-Rigsby, Belson Ross T. Dicker, Esq. for petitioner Nigel L. Scott, Esq. for respondent
03/11/2010FiledDISBARMENT Accordingly, in No. 07-BG-608, we order respondent's disbarment from the practice of law in the District of Columbia. In No. 06-BG-1480, we order her suspension from the practice of law for thirty days, to run concurrently with the disbarment. Lastly, in No. 07-BG-608, we order as a condition of reinstatement that respondent pay restitution to her client of $1,000 with interest at the legal rate of 6% from June 7, 1995. (FI, BR, BE)
03/18/2010ORDER (Amended Opinion) ORDERED that the language added to clarify expressly that (a) respondent's disbarment is effective thirty days from the date of this amended opinion; and (b) for the purpose of seeking reinstatement to the Bar, the period of disbarment shall not be deemed to begin until respondent files a sufficient affidavit pursuant to D.C. Bar R. XI, Sec 14(g). Accordingly, this opinion is being reissued in amended form.
03/18/2010ORDER On consideration of the opinion issued by this court on March 11, 2010, and it appearing that the opinion failed to include information regarding the effective date of respondent's disbarment and the effect upon respondent's failure to file a compliant affidavit pursuant to D.C. Bar Rule XI, Sec 14 (g), it is ORDERED, sua sponte, that the opinion is amended to the effect that: (a) respondent's disbarment is effective thirty days from the date of the amended opinion; and (b) for the purpose of seeking reinstatement to the Bar, the period of disbarment shall not be deemed to begin until respondent files a sufficient affidavit pursuant to D.C. Bar Rule XI, Sec 14 (g). (FI, BR, BE)
04/01/2010RESP MO TO EXTEND TIME TO FILE PET FOR REH/REH EB (Unopposed)
04/05/2010ORDER On consideration of respondent's unopposed motion to enlarge time to file respondent's petition for rehearing or rehearing en banc, it is ORDERED that respondent's motion is granted and respondent's petition for rehearing or rehearing en banc shall be filed on or before May 5, 2010. (ETW)
04/08/2010RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION to stay the effective date of disbarment
04/12/2010RECEIVED notice from respondent advising the court of filing a motion to stay the effective date of disbarment on April 8, 2010.
04/13/2010PETITIONER'S OPPOSITION to respondent's motion to delay effective date of respondent's disbarment
04/15/2010RESPONDENT'S REPLY to Bar Counsel's opposition to respondent's motion to delay effective date of respondent's disbarment.
04/29/2010ORDER On consideration of respondent's motion to stay the effective date of disbarment, respondent's notice, Bar Counsel's opposition, and respondent's reply thereto, it is ORDERED that respondent's motion is denied. (FI, BR, BE)
04/30/2010RESPONDENT'S MOTION FOR RECONSIDERATION of order denying respondent's motion to stay effective date of disbarment.
04/30/2010PTNT MO TO EXTEND TIME TO FILE PET FOR REH/REH EB (Second request)
05/11/2010RECEIVED from the Office of Bar Counsel a notice of non-filing by respondent the required affidavit pursuant to D.C. Bar Rule XI, Sec 14.
05/12/2010ORDER On consideration of respondent's motion for enlargement of time to file petition for rehearing or rehearing en banc, and there appearing to be no opposition thereto, it is ORDERED that respondent's motion is granted and respondent's petition for rehearing or rehearing en banc shall be filed on or before June 11, 1010. (ETW)
06/11/2010ORDER On consideration of respondent's motion for reconsideration of order denying respondent's motion to stay effective date of disbarment, it is ORDERED that respondent's motion is granted and respondent's effective date of disbarment is stayed until June 18, 2010. (FI,BR,BE)
06/11/2010RESP'S PETITION FOR REHEARING/REHEARING EN BANC
06/18/2010RECEIVED from the Office of Bar Counsel a letter with a certified copy of an order of the US Court of Appeals for the DC Circuit disbarring respondent.
06/28/2010RECEIVED from the Office of Bar Counsel a notice of nonfiling by respondent the required affidavit pursuant to D.C. Bar R. XI, Sec 14.
09/14/2010ORDER DENYING RESPONDENT'S PETITION FOR REHEARING ORDERED by the merits division* that the petition for rehearing is denied; and it appearing that no judge of this court has called for a vote on the petition for rehearing en banc.
09/14/2010ORDER DENYING RESP PETITION FOR REHEARING EN BANC (WH,RZ,**RD,GL,KR,*FI,*BR,TH,OB,*BE) **Associate Judge Reid has recused from participating in this matter.
05/03/2011NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARIin the US Supreme Court on 4/26/11 #10-1315.
06/06/2011NOTICE OF DENIAL OF PET. FOR WRIT OF CERTIORARI
08/17/2011LodgedReceived from the Supreme Court of the United States a letter advising the court that respondent's petition for rehearing is denied. (Respondent)