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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: GARY A. COURTOIS

Case Information: 06-BG-1498
Short Caption:IN RE: GARY A. COURTOISClassification:Bar Governance - Bar - Disciplinary Original
Superior Court or Agency Case Number:BDN316-05Filed Date:12/21/2006

Opening Event Date:12/21/2006Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:04/18/2007
Argued/Submitted:07/03/2007
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerGary A. Courtois N
Melvin G. BergmanYN
RespondentBar CounselN
H. Clay Smith, IIIYY
Wallace E. Shipp NN
RespondentBoard on Professional ResponsibilityN
Martin R. Baach NN
Elizabeth J. Branda NN

Events
Event DateStatusDescriptionResult
12/21/2006PETITION FOR REINSTATEMENT
12/21/2006REPORT AND RECOMMENDATION OF BOARD ON PROF. RESP. that the court find petitioner fit to resume the practice of law and that, pursuant to D.C. Bar R. XI, Sec 16 (f), the court enter an order of reinstatement, with the following conditions: (1) petitioner submit a restitution plan (e.g. a copy of a fully authorized OIC) within thirty (30) days of the reinstatement order, and (2) that he submit to Bar Counsel and the Board, on a semi-annual basis, notification and proof of payments in compliance with the terms of the plan until such time as he has paid restitution in full.
01/04/2007LETTER from the Office of Bar Counsel taking exception to the report and recommendation of the Board on Professional Responsibility. **Bar Counsel's exceptions withdrawn per order dated May 21, 2007.
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 petitioner 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.
02/05/2007ORDER On consideration of the exceptions of Bar Counsel filed in response to the Board on Professional Responsibility's report and recommendation filed on December 21, 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 petitioner 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, and it appearing that the petitioner did not file exceptions, it is ORDERED that the brief of Bar Counsel (an original and three copies) shall be filed within 40 days from the date of this order and the petitioner may file a brief within 30 days thereafter. (GP)
03/16/2007RESPONDENT'S BRIEF (Bar Counsel)
04/17/2007PETITIONER'S BRIEF
04/18/2007BRIEFS COMPLETED
04/18/2007FINAL SCREENING - SUMMARY CALENDAR I **Per Order dated May 21, 2007**
04/23/2007LETTER from petitioner with a copy of an Internal Revenue Service Acceptance of an offer-in-compromise entered with petitioner.
04/27/2007RECEIVED from the Office of Bar Counsel a copy of a letter addressed to counsel for respondent requesting a waiver to be transmitted to IRS in order for Bar Counsel to confirm the status of Mr. Courtois OIC.
05/09/2007LETTER from the Office of Bar Counsel withdrawing Bar Counsel's exceptions based on petitioner's Offer in Compromise with the IRS construed as a motion to withdraw exceptions. Bar Counsel states that Bar Counsel understands that the Court review de novo all recommendations regarding petitions for reinstatement, and is prepared to participate in an oral argument if the court so desire.
05/21/2007ORDER On consideration of the letter dated May 9, 2007, from the Office of Bar Counsel withdrawing Bar Counsel's exceptions based on petitioner's Offer-in-Compromise with the Internal Revenue Service (the IRS) construed as Bar Counsel's motion to withdraw Bar Counsel's exceptions, it is ORDERED that Bar Counsel's motion is granted and Bar Counsel's exceptions to the Board on Professional Responsibility's report and recommendation is hereby withdrawn. It is FURTHER ORDERED that this appeal shall be removed from consideration on the Regular Calendar and hereby placed on the Summary Calendar, as an uncontested matter, as soon as the calendar permits. (RZ, TH, PR)
05/25/2007CALENDAR NOTICE SENT
07/03/2007FiledACTION - Argued / Submitted
07/03/2007SUBMITTED to Judges Thompson, Pryor, Nebeker
07/12/2007REINSTATEMENT TO BAR Accordingly, we grant the petition for reinstatement with the following conditions: (1) petitioner shall submit to Bar Counsel and the Board, a restitution plan (e.g., a copy of a fully authorized offer in compromise) within thirty (30) days of this reinstatement order, and (2) he shall also submit to Bar Counsel and the Board, on a semi-annual basis, notification and proof of payments in compliance with the terms of the plan until such time as he has paid restitution in full. Petitioner is hereby reinstated to the Bar of the District of Columbia, effective immediately. See D.C. Bar R. XI, Sec 16 (a). (TH, PR, NE) *Revised opinion entered August 2, 2007.
07/19/2007LETTER from Bar Counsel re: error in opinion.
08/02/2007ORDER On consideration of this court's opinion filed July 12, 2007, it is ORDERED, sua sponte, that this court's opinion filed July 12, 2007, is herby vacated. It is FURTHER ORDERED that the opinion is reissued in amended form this 2nd day of August, 2007. (TH, PR, NE)