IN RE: CHARLES M. RUST-TIERNEY

Case Information: 07-BG-0732
Short Caption:	IN RE: CHARLES M. RUST-TIERNEY	Classification:	Bar Governance - Bar - Disciplinary Reciprocal
Lead:	07-BG-0732	Consolidated:	08-BG-0562
Superior Court or Agency Case Number:	BDN185-07	Filed Date:	07/16/2007
Opening Event Date:	07/16/2007	Case Status:	Closed
Record Completed:		Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:		Next Scheduled Action:
Mandate Issued:

Events
Event Date	Status	Description	Result
07/16/2007		DISCIPLINARY LETTER from the Office of Bar Counsel with certified copies of a docket, indictment, plea agreement, and criminal complaint concerning respondent, who is an active member in good standing with the D.C. Bar. Respondent pled guilty on June 1, 2007, in the US District Court for the Eastern District of Virginia to receipt of child pornography in violation of 18 U.S.C. Sec 2252(a)(2).
08/01/2007		ORDER It appearing that respondent pled guilty in the United States District Court for the Eastern District of Virginia to receipt of child pornography in violation of Title 18, United States Code, Sec 2252 (a)(2), having received certified copies of documents demonstrating respondent's guilty plea, and it appearing that the offense constitutes a serious crime as defined by D.C. Bar Rule XI, Sec 10 (b), it is ORDERED pursuant to D.C. Bar Rule XI, Sec 10 (c), that the respondent, Charles M. Rust-Tierney, is suspended immediately from the practice of law in the District of Columbia pending resolution of this matter, and the Board on Professional Responsibility is directed to institute a formal proceeding for determination of the nature of the offenses for the purpose of determining whether or not the crime involves moral turpitude within the meaning of D.C. Code Sec 11-2503 (a)(2001). 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 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)
11/26/2007		ORDER of the Board on Professional Responsibility referring this matter to a Hearing Committee to determine: (1) whether respondent's conviction involves moral turpitude on the facts in light of any aggravating or mitigating circumstances, and (2) what final discipline is appropriate in light of respondent's conviction of this crime. Bar Counsel may also file a petition charging that respondent violated one or more Rules of Professional Conduct. If Bar Counsel files such a petition, it shall be consolidated with this matter. Bar Counsel shall inform the Hearing Committee no later than 45 days following this order of the status of any petition, and every 60 days thereafter, so that the Hearing Committee may manage its docket.
08/08/2008		REPORT AND RECOMMENDATION OF BOARD ON PROF. RESP. that the court enter an order disbarring respondent on consent. If the court disbars on consent, it need not reach the question of whether respondent's crime involed moral turpitude. The Board thus recommends that the court dismiss the criminal conviction matter pending against respondent as moot. For the same reason, the Board recommends that the Board also recommends that the court dismiss the reciprocal discipline matter pending against respondent as moot without prejudice to Bar Counsel's reinstating a reciprocal discipline proceeding if respondent seeks reinstatement to the District of Columbia Bar while his Virginia revocation is still in effect. The period of disbarment should run, for purposes of reinstatement, from the date respondent files an affidavit in ful compliance with D.C. Bar R. XI, Sec 14.
08/12/2008		ORDER It is ORDERED sua sponte, that case nos. 07-BG-732 and 08-BG-562 are consolidated for all purposes herein. (GP)
09/04/2008		DISBARRED ON CONSENT On consideration of the affidavit of Charles M. Rust-Tierney, wherein he consents to disbarment from the Bar of the District of Columbia pursuant to Sec 12 of Rule XI of the Rules Governing the Bar of the District of Columbia Court of Appeals, which affidavit has been filed with the Clerk of this court, the report and recommendation of the Board on Professional Responsibility with respect thereto, it is this 4th day of September, 2008, ORDERED that the said Charles M. Rust-Tierney is hereby disbarred by consent effective forthwith. The effective date of respondent's disbarment should run, for reinstatement purposes, from the date respondent files his affidavit pursuant to D.C. Bar Rule XI, Sec 14 (g). It is FURTHER ORDERED that Bar Counsel's petition for discipline based upon respondent's guilty plea agreement in the United States District Court for the Eastern District of Virginia (BDN: 185-07), and respondent's reciprocal discipline matter imposed by the Virginia State Bar Disciplinary Board (BDN: 209-08), are hereby dismissed as moot, without prejudice to Bar Counsel's reinstating a reciprocal discipline proceeding if respondent seeks reinstatement to the District of Columbia Bar While his license to practice law in the Commonwealth of Virginia is still revoked. The Clerk shall publish this order, but the affidavit shall not be publicly disclosed or otherwise made available except upon order of the Court or upon written consent of the respondent. The Clerk shall cause a copy of this order to be transmitted to the Chairman of the Board on Professional Responsibility and to the respondent, thereby giving him notice of the provisions of Rule XI, Secs 14 and 165, which set forth certain rights and responsibilities of disbarred attorneys and the effect of failure to comply therewith. (GL, TH, SC)