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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: REX B. WINGERTER

Case Information: 06-BG-0097
Short Caption:IN RE: REX B. WINGERTERClassification:Bar Governance - Bar - Disciplinary Reciprocal
Superior Court or Agency Case Number:BDN11-06Filed Date:02/06/2006

Opening Event Date:02/06/2006Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:07/02/2008
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerBar CounselN
Wallace E. Shipp NN
Judith Hetherton NN
PetitionerBoard on Professional ResponsibilityN
Charles J. WilloughbyNN
RespondentRex B. Wingerter NPro SeN

Events
Event DateStatusDescriptionResult
02/06/2006DISCIPLINARY LETTER from the Office of Bar Counsel with certified copies of the felony information from the United States District Court for the Eastern District of Virginia after entering a plea of guilty to misprision of a felony on August 26, 2005.
02/23/2006ORDER On consideration of the certified copy of the judgment of conviction of respondent in the United States District Court for the Eastern District of Virginia, for a serious crime under D.C. Bar Rule XI, Sec 10 (b)(1), it is ORDERED, pursuant to D.C. Bar Rule XI, Sec 10 (c), that the respondent, Rex B. Wingerter, Esquire, is suspended from the practice of law in the District of Columbia, and the Board on Professional Responsibility is directed to institute a formal proceeding for determination ofthe nature of the final discipline to be imposed, and specifically to review the elements of the offense for the purpose of determining whether or not the crime involves moral turpitude within the meaning of D.C. Code Sec 11-2503 (a). Respondent's attention is drawn to the requirements of D.C. Bar Rule XI, Sec 14, relating to suspended attorneys and to the provisions of Sec 16 (c) dealing with the timing of eligibility for reinstatement as related to compliance with Sec 14, including the filing of the required affidavit. It is FURTHER ORDERED that Bar Counsel inform the court if the matter is resolved with the necessity of further court action. (ETW)
05/22/2006LETTER from the Office of Bar Counsel with a certified copy of an order of disbarment entered on May 16, 2006, from the United States District Court for the District of Maryland based on respondent's judgment of conviction for misprision of a felony on November 18, 2005, in the United States District Court for the Eastern District of Virginia.
05/23/2006LETTER from the Office of Bar Counsel advising the court that the letter dated May 22, 2006, to the court was incorrect and Bar Counsel is requesting that the court consolidate this matter, continue the interim suspension already imposed in the criminal conviction matter, and suspend respondent pursuant to D.C. Bar Rule XI, 11 (d), based on the order of disbarment of the United States District Court for the District of Maryland.
06/12/2006ORDER Having received a certified copy of an order of disbarment of respondent by the United States District Court for the District of Maryland (Greenbelt Division), it is hereby ORDERED that respondent's suspension pursuant to D.C. Bar Rule XI, Sec 10 (c), remains in effect and that respondent is also suspended immediately from the practice of law in the District of Columbia pursuant to D.C. Bar Rule XI, Sec 11 (d), these suspensions to continue until these matters are resolved, and it is FURTHER ORDERED that the criminal conviction matter in the same Bar Docket Number already pending before the Board on Professional Responsibility (the Board) be consolidated with this matter during consideration by the Board, and it is FURTHER ORDERED that respondent's attention is drawn to the requirements of D.C. Bar Rule XI, Sec 14, relating to suspended attorneys and to the provisions of D.C. Bar Rule XI, Sec 16 (c), dealing with the timing of eligibility for reinstatement based on compliance with Sec 14, including the filing of the required affidavit. It is FURTHER ORDERED that Bar Counsel inform the Court if the matter is resolved without the necessity of further court action. (ETW)
06/15/2006AFFIDAVIT of respondent.
06/27/2006ORDER from the United States District Court for the District of Maryland dated June 23, 2006, vacating the order of disbarment but respondent remains suspended pending final disposition of a disciplinary proceeding.
06/30/2006RECEIVED notice from respondent regarding order vacating disbarment in the United States District Court of Maryland.
07/07/2006PETITIONER'S ANSWER/RESPONSE to respondent's notice regarding order vacating disbarment in the United States District Court of Maryland.
08/08/2006ORDER (Amended) Having received a certified copy of an order of interim suspension of respondent by the United States District Court for the District of Maryland (Greenbelt Division), it is hereby ORDERED that respondent's suspension pursuant to D.C. Bar Rule XI, Sec 10 (c), remains in effect and that respondent is also suspended immediately from the practice of law in the District of Columbia pursuant to D.C. Bar Rule XI, Sec 11 (d), these suspensions to continue until these matters are resolved, and it is FURTHER ORDERED that the criminal conviction matter in the same Bar Docket Number already pending before the Board on Professional Responsibility (the Board) be consolidated with this matter during consideration by the Board, and it is FURTHER ORDERED that respondent's attention is drawn to the requirements of D.C. Bar Rule XI, Sec 14, relating to suspended attorneys and to the provisions of D.C. Bar Rule XI, Sec 16 (c), dealing with the timing of eligibility for reinstatement based on compliance with Sec 14, including the filing of the required affidavit. It is FURTHER ORDERED that Bar Counsel inform the court if the matter is resolved without the necessity of further court action. (ETW)
09/14/2007LETTER from the Office of Bar Counsel with a certified copy of an order of the Court of Appeals of Maryland disbarring respondent.
10/01/2007ORDER Having received a certified copy of an order of the Court of Appeals of Maryland disbarring 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 not be imposed in the District of Columbia. It is FURTHER ORDERED that respondent's attention is drawn to the requirements of D.C. Bar Rule XI, Sec 14, relating to suspended attorneys and to the provisions of D.C. Bar Rule XI, Sec 16 (c), dealing with the timing of eligibility for reinstatement based on compliance with Sec 14, including the filing of the required affidavit. It is FURTHER ORDERED that the Clerk shall cause a copy of this order and the order of the Court of Appeals of Maryland to be directed to the Chair of the Board on Professional Responsibility and transmitted to the respondent. It is FURTHER ORDERED that Bar Counsel inform the Court if the matter is resolved without the necessity of further court action. (ETW)
11/06/2007LETTER form the Office of Bar Counsel with a certified copy of an order of the United States District Court for the District of Maryland disbarring respondent.
11/27/2007ORDER Having received a certified copy of an order of the United States District Court for the District of Maryland disbarring 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 Baord 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 requirements of D.C. Bar Rule XI, Sec 14, relating to suspended attorneys and to the provisions of D.C. Bar Rule XI, Sec 16 (c), dealing with the timing of eligibility for reinstatement based on compliance with 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 ORDERD that Bar Counsel inform the Court if the matter is resolved without the necessity of further court action. (ETW)
05/27/2008REPORT AND RECOMMENDATION OF BOARD ON PROF. RESP. that the court disbar respondent as reciprocal discipline based on his disbarment by the Marland Court and the Maryland District Court and that it dismiss the criminal conviction matter referred to the Board as moot. The Board further recommends that respondent's disbarment run, for purposes of reinstatement, from the time he files the affidavit required by D.C. Bar R. XI, Sec 14 (g).
06/16/2008LETTER from the Office of Bar Counsel taking no exception to the report and recommendation of the Board on Professional Responsibility.
07/02/2008BRIEFS COMPLETED
07/02/2008FINAL SCREENING - SUMMARY CALENDAR I
10/07/2008TMC - report and recommendation - proposed order
10/23/2008DISBARMENT ORDERED that Rex B. Wingerter is hereby disbarred from the practice of law in the District of Columbia. See In re Jacoby, 945 A.2d 1193, 1200 (D.C. 2008); In re Stuart, 942 A.2d 1118, 1120 (D.C. 2008); in re Sumner, 762 A.2d 528 (D.C. 2000), It is FURTHER ORDERED that for purposes of reinstatement respondent's disbarment will not begin to run until such time as he files an affidavit that fully complies with the requirments of D.C. Bar R. XI, Sec 14 (g). (GL, NE, TE)