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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: KENNETH A, MARTIN

Case Information: 11-BG-0775
Short Caption:IN RE: KENNETH A, MARTINClassification:Bar Governance - Bar - Disciplinary Original
Superior Court or Agency Case Number:BDN370-04Filed Date:06/24/2011

Opening Event Date:06/24/2011Case Status:Decided/Dismissed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:10/20/2011
Argued/Submitted:04/04/2012
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
RespondentKenneth A. Martin N
Daniel S. SchumackYY

Events
Event DateStatusDescriptionResult
06/24/2011REPORT AND RECOMMENDATION OF BOARD ON PROF. RESP. that the court find respondent to have violated Rules 1.5(a), 8.4(c), and 8.4(d), and suspend him from the practice of law for six months with restitution or disgorgement, with interest at the legal rate since January 19, 2005, as a condition of reinstatement.
06/29/2011PETITIONER'S EXCEPTIONS (Bar Counsel)
07/13/2011FiledLetter 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 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. (Petitioner Board on Professional Responsibility)
07/13/2011FiledReceived Respondent's exceptions (Respondent)
07/20/2011FiledBriefing Order ORDERED that the brief of respondent (an original and three copies) shall be filed within 40 days from the date of this order, and Bar Counsel's brief shall be filed within 30 days thereafter. (JAC)
08/29/2011FiledBrief (Respondent)
09/06/2011FiledOrder To Show Cause - ORDERED that respondent show cause within thirty days why the court should not enter an order os suspension pending final action on the Board on Professional Responsibility's recommendation.
09/12/2011FiledOrder Sua Sponte ORDERED that this court's show cause order issued September 6, 2011 is hereby vacated. (ETW)
09/21/2011FiledMotion For Extension Of Time to File brief. (Unopposed) (Petitioner Bar Counsel)
09/22/2011FiledGRANT - Order Granting MOET to file Bar Counsel's brief on or before October 19, 2011. (JAC)
10/19/2011FiledBrief (Petitioner Bar Counsel)
10/20/2011FiledBriefing Completed
10/20/2011FiledFinal Screening - Regular
11/01/2011FiledOrder Granting respondent's motion to file respondent's reply brief on or before December 6, 2011. (JAC)
12/05/2011FiledLetter To Counsel/Party Re Future Calendaring
12/06/2011FiledReply Brief (Respondent)
12/13/2011FiledLetter From Counsel/Party Re Future Calendaring (Respondent)
03/01/2012FiledACTION - Calendar notice sent
04/04/2012FiledArgued before Judges Fisher, Blackburne-Rigsby, King Daniel S. Schumack, Esq. for respondent Julia L. Porter, Esq. for petitioner
03/28/2013FiledSuspended (FI,BR,KG)
04/11/2013FiledMotion For Extension Of Time to File Petition for Rehearing (Petitioner Board on Professional Responsibility)
04/11/2013FiledPetition For Rehearing. (Respondent)
04/11/2013FiledPetition For Rehearing. (Petitioner Bar Counsel)
04/15/2013FiledGRANT - Order Granting MOET to file the Board's petition for rehearing on or before April 30, 2013. (ETW)
04/26/2013FiledAffidavit (Respondent)
04/30/2013FiledPetition For Rehearing/Rehearing En Banc (Petitioner Board on Professional Responsibility)
06/19/2013FiledOrdered that all parties, within 14 days from the date of this order, shall file a response (ten copies) thereto.
07/03/2013FiledAnswer/Response to respondent's petition for division rehearing. (Petitioner Bar Counsel)
07/03/2013FiledAnswer/Response to the petition of the Board on Professional Responsibility for rehearing or rehearing en banc. (Petitioner Bar Counsel)
07/03/2013FiledAnswer/Response to petitioner's and Bar Counsel's petition for rehearing. (Petitioner Board on Professional Responsibility)
07/03/2013FiledAnswer/Response to Bar Counsel and Board petitions for rehearing. (Respondent)
07/12/2013FiledMotion For Leave to File a reply to the response of Bar Counsel to the Board's petition for rehearing or rehearing en banc. (Petitioner Board on Professional Responsibility)
07/12/2013LodgedReceived reply of the Board on Professional Responsibility to Bar Counsel's response to the Board's petition for rehearing or rehearing en banc. (Petitioner Board on Professional Responsibility)
02/13/2014FiledOrder (AMENDED OPINION) (FI,BR,KG)
02/13/2014FiledOrder Denying the petitions for rehearing filed by respondent, Bar Counsel, and the Board are denied. The court's opinion filed on March 28, 2013, is hereby reissued on this 13th day of February 2014, in amended form; the citation to In re Tun, 26 A.3d 313, 314 & n.1 (D.C. 2011)(PerCuriam) has been deleted from the second paragraph on Page 53. It appearing that no judge of this court has called for a vote on the petition for rehearing en banc, it is FURTHER ORDERED that the petition for rehearing en banc is denied. (WS,GL,*FI,*BR,TH,BW,EA,ML,*KG)
10/10/2014FiledMotion for expedited clarification of reinstatement conditions. (Unopposed) (Respondent)
10/21/2014FiledOrder - ORDERED that the motion is granted. This court's opinion, first issued on March 28, 2013 (reported at 67 A.3d 1032) and amended February 13, 2014 (amendment reported at 91 A.3d 564), which, in its very last sentence, conditioned reinstatement "upon compliance with D.C. Bar Rule XI, Sec 16 (d)," will be amended. Instead, the last sentence will condition reinstatement "upon compliance with D.C. Bar Rule XI, Sec 16 (c)." (FI,BR,KG)
10/23/2014FiledOrder (AMENDED OPINION) (FI,BR,KG). The opinion changed the condition for reinstatement from compliance with D.C. Bar Rule XI, Sec 16 (d) to D.C. Bar Rule XI, Sec 16 (c).