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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: KARL W. CARTER, JR.

Case Information: 09-BG-0927
Short Caption:IN RE: KARL W. CARTER, JR.Classification:Bar Governance - Bar - Disciplinary Original
Superior Court or Agency Case Number:BDN251-02, ET ALFiled Date:08/05/2009

Opening Event Date:08/05/2009Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:04/21/2010
Argued/Submitted:10/14/2010
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerBar CounselN
Wallace E. Shipp NN
Ross T. Dicker YN
PetitionerBoard on Professional ResponsibilityN
Charles J. WilloughbyNN
RespondentKarl W. Carter N
Dalton J. HowardYY

Events
Event DateStatusDescriptionResult
08/05/2009REPORT AND RECOMMENDATION OF BOARD ON PROF. RESP. The Board recommends that the Court, based upon the record in this matter, find that respondent Karl W. Carter, Jr. has engaged in conduct that violates Rules 1.1(a), 1.1(b), 1.3(a), 1.3(c), 1.4(a), 1.4(b), 1.16(d), 8.4(c), and 8.4(d) and D.C. Bar R. XI, Sec 2(b)(3). As discipline, the Board recommends that the court order respondent suspended from the practice of law in the District of Columbia for a period of eighteen (18) months, with his reinstatement conditioned upon his (a) providing Bar Counsel, to the extent he has not done so, with a full answer and all the documents he has been order to provide Bar Counsel in the Board's order issued on May 8, 2006 in BDN15-06 and 71-06, and all the documents he has been ordered to provide Bar Counsel in the Court's order entered on August 3, 2006, in BDN: 71-06, (b) providing prompt and full restitution of fees paid to him by Otha Blount and LeCount Briscoe, and (c) demonstrating his fitness under D.C. Bar R. XI, Sec 16, to resume the practice of law. The suspension should be deemed to commence for purposes of reinstatement, from the date respondent files the affidavit required by D.C. Bar R. XI, Sec 14 (g)
08/12/2009ORDER On consideration of the report and recommendation of the Board on Professional Responsibility that the Court suspend respondent from the practice of law in the District of Columbia for a period of eighteen (18) months, with his reinstatement conditioned upon certain conditions, to include respondent demonstrating his fitness, under D.C. Bar Rule XI, Sec 16, to resume the practice of law, and with the suspensiion deemed to commence, for purposes of reinstatement, from the date respondent files the affidavit required by D.C. Bar Rule XI, Sec 14 (g), it is pursuant to D.C. Bar Rule XI, Sec 9 (g), ORDERED that respondent show cause within thirty days why the Court should not enter an order of suspension pending final action on the Board on Professional Responsibility's recommendation. 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. (SHG)
08/26/2009PETITIONER'S EXCEPTIONS (Bar Counsel) takes exception to the report and recommendation of the Board on Professional Responsibility issued on August 20, 2009, based on the Board's failure to file a violatiion of Rule 8.4(d) with respect to respondent's failure to pay the award of the Attorney Client Arbitration Board. Bar Counsel acknowledges, however, that if the Court were to find this additionalvolation of Rule 8.4 (d), it would not likely affect the sanction. For that reason, Bar Counsel is willing to waive our right to pursue an exception if respondent does not file an exception to the Board's report and recommendation. However, if respondent files an exception, please consider this letter as Bar Counsel's exception.
09/01/2009RESPONDENT'S EXCEPTIONS
09/11/2009RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION for enlargement of time to file response to show cause order entered on August 12, 2009.
09/15/2009LETTER from the Board on PRofessional Responsibility advising the court that based on Bar Counsel general exceptions to the Board's report and recommendation, 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.
09/17/2009ORDER On consideration of the exceptions of respondent and Bar Counsel, filed in response to the Board on Professional REsponsibility's report and recommendation filed on August 5, 2009, and the letter dated September 15, 2009, from the Board on Professional Responsibility (the Board), advising the court that the Board will not seek leave to file a brief at this time, but 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. It is 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. (GP)
09/28/2009ORDER On consideration of respondent's motion for enlargement of time to file response to show cause order entered on August 12, 2009, and there appearing to be no opposition thereto, it is ORDERED that respondent's motion is granted and respondent's response so this Court's show cause order shall be filed on or before October 28, 2009. (GP)
10/27/2009RESPONDENT'S MOTION TO EXTEND TIME TO FILE BRIEF
10/28/2009RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION for enlargement of time to file response to show cause order entered on August 12, 2009 (second request)
11/06/2009TMC - report and recommendation - OTSC - motion for extension of time - order granting extension - second motion for extension of time - proposed order
11/16/2009ORDER On consideration of the Board on Professional Respsonsibility's report and recommendation, this court's order directing respondenet to show cause why he should not be suspended pending final action on the Board's report, respondent's first motion for extension to respond, this court's order granting that request, and respondent's second motion for extension, it is ORDERED that the second motion for extension is denied and respondent is hereby suspended from the practice of law in the District of Columbia effective immediately and pending further order of this court. See D.C. Bar R. XI, Sec 9(g)(2)(a). However, this suspension is without prejudice to respondent submitting a response to this court's order to show cause accompanied by a motion for leave to late file. Respondent's counsel's failure to check the docket of this court to verify the disposition of the first request for extension does not justify an further extensions. (KR,BR,BE)
11/17/2009ORDER On consideration of respondent's motion for an enlargement of time to file respondent's brief, and there appearing to be no opposition thereto, it is ORDERED that respondent's motion is granted and respondent's brief shall be filed on or before December 16, 2009. (GP)
11/30/2009RECEIVED from the Office of Bar Counsel a notice of nonfiling by respondent the required affidavit pursuant to D.C. Bar R. XI, Sec 14.
12/03/2009RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION for leave ti file response to show cause order out of time.
12/03/2009RECEIVED respondent's response to show cause order.
12/17/2009RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION for permission to file reply out of time.
12/17/2009RECEIVED Bar Counsel's reply to respondent's response to show cause order.
12/18/2009TMC - respondent's motion for leave to file lodged response
12/23/2009ORDER On consideration of this court's order dated November 17, 2009, which granted respondent's motion for an enlargement of time to file respondent's brief on or before December 16, 2009, and it appearing that respondent's brief has not been lodged with the court, and it further appearing that Bar Counsel filed conditional exceptions to the Board on Professional Responsibility's report and recommendation, provided that respondent did not file exceptions, it is ORDERED that respondent shall file within 10 days from the date of this order respondent's brief, accompanied by a motion for leave to file brief out of time. Failure to comply may result in the scheduling of this appeal on the report and recommendation of the Board on Professional Responsibility only. (GP)
01/05/2010RESPONDENT'S MOTION FOR LEAVE TO FILE BRIEF out of time.
01/05/2010RECEIVED respondent's brief
01/11/2010ORDER On consideration of the Board on Professional Responsibility's report and recommendation, this court's order directing respondent to show cause why he should not be suspended pending final actin on the Board's report, this court's order denying respondent's second motion for extension and suspending him without prejudice to his submitting a response to this court's order accompanied by a motion for leave to late file, the subsequently filed motion for leave to late file the lodged response to this court's order to show cause, and Bar Counsel's motion for leave to file the lodged reply, it is ORDERED that respondent's motion for leave to late file is granted solely to the extent the clerk will file the lodged response to the court's order to show cause. It is FURTHER ORDERED that Bar Counsel's motion for leave to file is granted and the Clerk will file the lodged reply to the response. It is FURTHER ORDERED that as he has failed to demonstrate a substantial likelihood of success with respect to the exceptions...taken to the Board's report(,) respondent will continued to be suspended from the practice of law in this jurisdiction pending final action by this court. See D.C. Bar R. XI, Sec 9 (g)(1). (KR,BR,BE)
01/11/2010RESPONSE TO ORDER TO SHOW CAUSE (respondent)
01/11/2010PETITIONER'S REPLY to respondent's response to show cause. (Bar Counsel)
01/25/2010ORDER On consideration of respondent's motion for leave to file respondent's brief out of time and the lodged brief, and there appearing to be no opposition thereto, it is ORDERED that respondent's motion is granted and respondent's brief is hereby filed. (GP)
01/25/2010RESPONDENT'S BRIEF
02/12/2010PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF (Bar Counsel)
02/25/2010ORDER On consideration of Bar Counsel's unopposed motion for an extension of time in which to file Bar Counsel's brief, time having expired, it is ORDERED that Bar Counsel's motion is granted and Bar Counsel's brief shall be filed on or before March 9, 2010. (GP)
03/09/2010PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF (BAR COUNSEL)
03/16/2010AFFIDAVIT of respondent (Sec 14 (g))
03/23/2010ORDER On consideration of Bar Counsel's unopposed motion for an extension of time in which to file Bar Counsel's brief, it is ORDERED that Bar Counsel's motion is granted and Bar Counsel's brief shall be filed on or before March 31, 2010. (GP)
03/31/2010PETITIONER'S MOTION TO EXTEND TIME TO FILE BRIEF (Unopposed) (Bar Counsel)
04/01/2010ORDER On consideration of Bar Counsel's unopposed motion for an extension of time in which to file Bar Counsel's brief, it is ORDERED that Bar Counsel's motion is granted and Bar Counsel's brief shall be filed on or before April 7, 2010. (GP)
04/07/2010PETITIONER'S MISCELLANEOUS PROCEDURAL MOTION for permission to file brief exceeding the page limits. (unopposed)(Bar Counsel)
04/07/2010RECEIVED Bar Counsel's brief
04/08/2010RECEIVED from the Office of Bar Counsel an amended certificate of service to be served by messenger and first class mail.
04/21/2010ORDER On consideration of Bar Counsel's unopposed motion for permission to file brief exceeding the page limit, and Bar Counsel's lodged brief, it is ORDERED that Bar Counsel's motion is granted and the Clerk is directed to file Bar Counsel's brief. (KR,BR,BE)
04/21/2010BRIEFS COMPLETED
04/21/2010FINAL SCREENING - REGULAR CALENDAR
04/21/2010PETITIONER'S BRIEF (Bar Counsel)
04/29/2010RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION to extend time to file reply brief. (Pro se)
05/12/2010ORDER On consideration of respondent's pro se motion for an enlargement of time within which to file respondent's reply brief, and there appearing to be no opposition thereto, it is ORDERED that respondent's pro se motion is granted and respondent's reply brief shall be filed on or before June 2, 2010. (GP)
05/25/2010LETTER from the Office of Bar Counsel with a certified copy of an order from the United States Court of Appeals for the District of Columbia Circuit suspending respondent pursuant to D.C. Bar Rule XI, Sec 11.
06/02/2010RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION to extend time to file reply brief.
06/15/2010ORDER On consideration of respondent's pro se motion for an enlargement of time within which to file respondent's reply brief, and there appearing to be no opposition thereto, it is ORDERED that respondent's pro se motion is granted and respondent's reply brief shall be filed on or before June 25, 2010. (JAC)
06/30/2010RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION to file respondent's reply brief out of time.
06/30/2010RECEIVED respondent's reply brief
07/07/2010PETITIONER'S MISCELLANEOUS PROCEDURAL MOTION to strike respondent's reply brief.
07/19/2010RESPONDENT'S OPPOSITION to Bar Counsel's motion to strike and respondent's motion for leave to exceed page limits.
07/19/2010RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION to file an amended reply brief out of time.
07/19/2010RECEIVED respondent's amended reply brief.
08/10/2010 It appearing that this appeal is likely to be calendared for argument during the month(s) of October 2010 through December 2010, it is ORDERED that counsel shall advise this court in writing by AUG. 20, 2010, of specific dates du ring that period when they are unavailable so that the court can attempt to avoid such dates in scheduling argument. (Please see the attached instruction sheet.) (aj) Joy A. Chapper Acting Clerk
08/10/2010ORDER On consideration fo respondent's motion for leave to file respondent's lodged reply brief three days out of time, Bar Counsel's motion to strike respondent's reply brief, and respondent's opposition thereto; respondent's motion to exceed the page limits and motion to file the lodged amended reply brief, it is ORDERED that respondent's motion for leave to file respondent's lodged reply brief three days out of time is denied. It is FURTHER ORDERED that Bar Counsel's motion to strike respondent's reply brief is denied as moot. It is FURTHER ORDERED that respondent's motion for leave to exceed the page limit is granted. It is FURTHER ORDERED that respondent's motion to file the lodged amended reply brief out of time is granted, and the Clerk is directed to file respondent's amended reply brief. (KR,BR,BE)
08/10/2010RESPONDENT'S REPLY BRIEF
08/20/2010LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING Wallace E. Shipp, Jr., Esquire, Bar Counsel
08/25/2010CALENDAR NOTICE SENT
10/12/2010APPEARANCE of Dalton Howard, Esquire as attorney for respondent.
10/12/2010CERTIFICATE PER RULE 28 (Bar Counsel)
10/14/2010FiledACTION - Argued / Submitted
10/14/2010FiledARGUED before Judges Washington, Thompson and Nebeker Ross T. Dicker Esq. for the PETITIONER Dalton J. Howard Esq. for the RESPONDENT
01/20/2011SUSPENSION ORDERED that Karl W. Carter, Jr., is suspended from practice in the District of Columbia for a period of eighteen months. As a condition of reinstatement at the conclusion of his suspension, respondent must first establish his fitness to practice law pursuant to D.C. Bar R. XI, Sec 16; provide proof that he has paid Messrs. Blount, Briscoe and Morgan their agreed settlement payments or arbitral awards, and cooperate with Bar Counsel's requests for information in its ongoing investigations. (WH,TH,NE)