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United States Court Cases

District Of Columbia Court Of Appeals Record


Case Information: 10-BG-1538
Short Caption:IN RE: MICHAEL J. SMITHClassification:Bar Governance - Bar - Disciplinary Reciprocal
Superior Court or Agency Case Number:BDN261-10Filed Date:12/15/2010

Opening Event Date:12/15/2010Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerBar CounselN
Wallace E. Shipp NN
William R. RossNY
PetitionerBoard on Professional ResponsibilityN
Charles J. WilloughbyNN
RespondentMichael J. Smith NPro SeN

Event DateStatusDescriptionResult
12/15/2010DISCIPLINARY LETTER from the Office of Bar Counsel with a certified copy of an order of the Supreme Court of the State of Indiana suspending respondent for sixmonths, with automatic reinstatement, and further imposing a 12-month probationary period. Also, enclosed is are certified copies of order suspending respondent for failure to cooperate with disciplinary authorities, and the second is for converting that suspension for noncooperation into an indefinite suspension.
01/07/2011ORDER Having received certified copies of orders of the Supreme Court of Indiana suspending respondent from the practice of law, 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 respondent show cause within thirty days why he should not be suspended for six months with fitness as reciprocal discipline to his July 24, 2006 Indiana suspension and subsequent probation revocation, and why he should not be indefinitely suspended from the practice of law in the District of Columbia with the right to petition for his reinstatement in five years or after being readmitted in Indiana, whichever occurs first. It is FURTHER ORDERED that Bar Counsel shall reply to respondent's responses no later than fifteen days after service of the response. Alternatively, no later than fifteen days after respondent's response was due, Bar Counsel may object to the imposition of reciprocal discipline based upon the factors set forth in D.C. Bar Rule XI, Sec 11 (c). Bar Counsel shall provide the court with the relevant portions of the record of the proceeding in the other disciplining court, the statute and rules that governed it, and a short statement identifying all of the issues that the matter presents. It is FURTHER ORDERED that if Bar Counsel opposes the imposition of identical discipline, Bar Counsel shall (1) recommend appropriate non-identical discipline or (2) request that the matter be referred to the Board for its recommendation as to discipline. Respondent may reply within ten days after service of Bar Counsel's submission. It is FURTHER ORDERED that respondent's attention is drawn to the requirement of Rule XI, Sec 14 relating to suspended attorneys and to the provisions of Rule XI, Sec 16 (c) dealing with the timing of eligibility for reinstatement as related to compliance with Rule XI, Sec 14, including the filing of the required affidavit. (ETW)
01/10/2011RECEIVED a copy of a letter from Bar Counsel to respondent advising respondent of his obligation to file the required affidavit pursuant to Sec. 14 (g) of Rule XI.
02/23/2011STATEMENT of Bar Counsel regarding reciprocal disciipline.
02/28/2011TMC - notice of reciprocal discipline - OTSC - statment of bar counsel - proposed order
03/24/2011FiledSUSPENSION ORDERED that Michael J. Smith, Esquire, is hereby suspended for a period of six months with reinstatement contingent on a showing of fitness followed by an indefinite suspensiion iwth the right to petition for reinstatement after a period of five years or reinstatement by Indiana, whichever occurred first. The suspension shall run consecutive of each other. It is FURTHER ORDERED that for purposes of reinstatement respondent's suspension will not begin to run until such time as he files an affidavit that fully complies with the requirements of D.C. Bar R. XI, Sec 14 (g). (GL,PR,FE)
04/08/2011RECEIVED from the Office of Bar Counsel a notice of nonfiling by respondent the required affidavit pursuant to D.C. Bar Rule XI, Sec 14.