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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: DAVID E. FOX

Case Information: 10-BG-1630
Short Caption:IN RE: DAVID E. FOXClassification:Bar Governance - Bar - Disciplinary Reciprocal
Superior Court or Agency Case Number:BDN529-10Filed Date:12/30/2010

Opening Event Date:12/30/2010Case Status:Decided/Dismissed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:10/25/2012
Argued/Submitted:01/10/2013
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerBar CounselN
Wallace E. Shipp NN
William R. RossYY
PetitionerBoard on Professional ResponsibilityN
Theodore D. FrankNN
RespondentDavid E. Fox NPro SeN

Events
Event DateStatusDescriptionResult
12/30/2010DISCIPLINARY LETTER from the Office of Bar Counsel with a certified copy of an order of the Court of Appeals of Maryland disbarring respondent.
01/07/2011RECEIVED from the Office of Bar Counsel a copy of a letter to respondent advising respondent of the recommended interim suspension pursuant to D.C. Bar R. XI, Sec 11(d), and also advising respondent of the obligation to file affidavit pursuant to D.C. Bar XI, Sec 14 (g).
01/13/2011ORDER Having received a certified copy of an order of the Court of Appeals of Maryland disbarring 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 rpactice 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 disbarred from the practice of law in the District of Columbia. It is FURTHER ORDERED that Bar Counsel shall reply to respondent's response 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 requiremen of Rule XI, Sec 14 relating to suspended attorneys and to the provisions of XI, Sec 16 (c) dealign with the timing of ligibility for reinstatement as related to compliance with Rule XI, Sec 14, including the filing of the required affidavit. (ETW)
02/14/2011RESPONSE TO ORDER TO SHOW CAUSE
03/07/2011STATEMENT of Bar Counsel regarding reciprocal discipline.
03/09/2011error -
03/15/2011FiledBriefing Completed
03/15/2011FiledFinal Screening - Summary
07/25/2011FiledOrder Sua Sponte Consolidating Appeals 10-BG-1630 and 11-BG-774 for all purposes herein. (JAC)
11/03/2011FiledACTION - Calendar notice sent
11/14/2011FiledMotion for oral argument (Respondent)
11/21/2011FiledOpposition to respondent's motion for oral argument. (Petitioner Bar Counsel)
12/08/2011FiledOrder Denying respondent's motion for oral argument....
12/08/2011FiledOrder Sua Sponte that these matters are hereby severed (10-BG-1630 & 11-BG-774). It is FURTHER ORDERED that 10-BG-1630 is referred to the Board on Professional Responsibility for its recommendation as to the appropriate sanction. (WS,FI,RD)
12/09/2011FiledSubmitted to Judges Washington, Fisher, Steadman
01/12/2012FiledLetter From the Office of Bar Counsel with a certified copy of an order of the US District Court for the District of Maryland reciprocally disbarring respondent based upon discipline imposed in Maryland, which forms the basis of this reciprocal disciplinary proceeding pending before the Board on Professional Responsibility. (Petitioner Bar Counsel)
05/08/2012FiledReport And Recommendation Of The BPR On Referral that the court impose different reciprocal discipline of a two-year suspension, with the second year stayed on condition that he agree to be placed on monitored probation for a period of eighteen months with terms and conditions. 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). (Petitioner Board on Professional Responsibility)
05/23/2012FiledExceptions (Petitioner Bar Counsel)
06/06/2012FiledLetter From the Board on Professional Responsibility 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 that the Board concludes it should address, the Board will file an appropriate motion with the court. (Petitioner Board on Professional Responsibility)
06/08/2012FiledBriefing Order - ORDERED that the brief of Bar Counsel (an original and three copies) shall be filed within 40 days from the date of this order, and respondent may file a brief within 30 days thereafter. (JAC)
07/18/2012FiledMotion For Extension Of Time to File brief (Petitioner Bar Counsel)
08/08/2012FiledOrder - ORDERED that the motion is granted and Bar Counsel's brief shall be filed on or before August 17, 2012. (JAC)
08/16/2012FiledMotion For Extension Of Time to File brief. (Petitioner Bar Counsel)
08/28/2012FiledOrder - ORDERED that the motion is granted and Bar Counsel's brief shall be filed on or before September 17, 2012. (JAC)
09/10/2012FiledLetter From respondent regarding not getting pleadings from Clerk's Office. (Respondent)
09/17/2012FiledBrief (Petitioner Bar Counsel)
09/20/2012FiledLetter From respondent advising the court that his correct address is 1325 18th Street, N.W., #103, Washington, D.C. 20036 (Respondent)
10/22/2012FiledBrief (Respondent)
10/25/2012DischargedBriefing Completed
10/25/2012FiledACTION - Ready for Calendaring - Regular
10/25/2012FiledLetter To Counsel/Party Re Future Calendaring
11/05/2012FiledLetter From Counsel/Party Re Future Calendaring. (Petitioner Bar Counsel)
11/19/2012FiledReply Brief. (Petitioner Bar Counsel)
12/03/2012FiledACTION - Calendar notice sent
01/10/2013FiledArgued before Judges Washington, Fisher, Thompson
01/11/2013FiledRule 28(k) Citation Of Supplemental Authority (Petitioner Bar Counsel)
05/23/2013FiledSuspended (OPINION) (Washington, Chief Judge, and Fisher and Thompson, Associate Judges.)
05/31/2013FiledMotion For Extension Of Time to File a petition for rehearing and/or rehearing en banc. (Petitioner Bar Counsel)
06/13/2013FiledOrder - ORDERED that the motion is granted and Bar Counsel's petition for rehearing and/or rehearing en banc shall be filed on or before June 20, 2013. (ETW)
06/20/2013FiledReceived from the Office of Bar Counsel a notice of non filing by respondent the required affidavit pursuant to D.C. Bar Rule XI, Sec 14. (Petitioner Bar Counsel)
06/20/2013FiledPetition For Rehearing/Rehearing En Banc. (Petitioner Bar Counsel)
06/27/2013FiledMotion For Leave to File brief in response to Bar Counsel's motion for rehearing/rehearing en banc. (Respondent)Denied as Moot
07/03/2013FiledOrder Denying respondent's motion for leave to file brief in response to Bar Counsel's petition for rehearing or rehearing en banc as moot.
07/03/2013FiledOrdered that respondent, within 14 days from the date of this order, shall file a response (ten copies) thereto.
07/17/2013FiledOpposition to petition for rehearing or rehearing en banc. (Respondent)
11/06/2013FiledOrder Denying the petition for rehearing is denied; and 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,OB,BW,EA,ML)
08/18/2015FiledMotion to impose stayed sanction. (Petitioner Bar Counsel)
09/02/2015FiledOpposition to motion of Bar Counsel to impose sanctions. (Respondent)
10/09/2015FiledOrder Denying Bar Counsel's motion to impose stayed sanction. (WS,FI,TH)