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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: KEVIN M. SABO

Case Information: 11-BG-0421
Short Caption:IN RE: KEVIN M. SABOClassification:Bar Governance - Bar - Disciplinary Original
Superior Court or Agency Case Number:BDN15-11Filed Date:04/05/2011

Opening Event Date:04/05/2011Case Status:Decided/Dismissed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:03/16/2012
Argued/Submitted:05/16/2012
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerKevin M. Sabo NPro SeN
RespondentBar CounselN
Wallace E. Shipp NN
Elizabeth A. HermanNY
RespondentBoard on Professional ResponsibilityN
Charles J. WilloughbyNN
Elizabeth J. Branda YN

Events
Event DateStatusDescriptionResult
04/05/2011PETITION FOR REINSTATEMENT Bar Counsel does not oppose petitioner's petition for reinstatement, although Bar Counsel recommends that a condition be imposed as part of the reinstatement.
04/08/2011TMC - petition for reinstatement - bar counsel's report RE: PETITION
06/07/2011ORDER On consideration of the petition for reinstatement and the statement filed by Bar Counsel that he does not object to the court granting the petition for reinstatement, subject to the imposition of a condition that petitioner continue to receive mental health treatment for a period of five years after reinstatement; and it appearing that petitioner was disbarred by consent, see In re: Sabo, 828 A.2d 168 (D.C. 2003), and it further appearing that both petitioner and Bar Counsel acknowledge petitioner's mental health concerns, but that neither party has sufficiently explained, in light of petitioner's 2009 conviction for larceny, how this health issue has been sufficiently addressed and why reinstatement will not be detrimental to the administration of justice, it is ORDERED that this petition for reinstatement is hereby referred to the Board on Professional Responsibility for its recommendation on the petition. See D.C. Bar R. XI, Sec 16 (2011). In assessing the petition the Board should consider whether (1) in light of petitioner's re-arrest, petitioner has sufficiently addressed his health issues that led to the circumstances that resulted in his disbarment; (2) to what extent the condition suggested by Bar Counsel will sufficiently protect the public, and in particularly why the five year period was chosen and deemed adequate; and, (3) whether petitioner has sufficiently met his burden under D.C. Bar R. XI, Secs 16 (d)(1) and (e) and as articulated in In re Roundtree, 503 A.2d 1215 (D.C. 1985). It is FURTHER ORDERED that the Board on Professional Responsibility shall file its recommendation with this court within 60 days from the date of this order. It is FURTHER ORDERED that the petition for reinstatement is hereby held in abeyance pending further order of this court. (RZ,TH,NE)
06/24/2011RECEIVED copy of an order issued by the Board ORDERED that this matter is referred to a Hearing Committee for a fact-finding hearing to address the questions set forth in the court's order of June 7, 2011, including whether to impose the condition of reinstatement recommended by Bar Counsel, and to make a recommendation whether to grant or deny the petition for reinstatement; and it is FURTHER ORDERED that the Hearing Committee shall file its report with the Board within 60 days from the date of this order; and it is FURTHER ORDERED that the Board's June 9, 2011 order directing Bar Counsel and Petitioner to file briefs with the Board is hereby vacated. (Charles J. Willoughby)
06/24/2011REPORT AND RECOMMENDATION OF BOARD ON PROF. RESP. that the court vacate the aspect of the court's June 7, 2011, order that requires the filing of its recommendation on reinstatement with the court within 60 days, in order to permit the development of an evidentiary record before a Hearing Committee, and that the court instead order the Board's recommendation due within 60 days of the filing of the Hearing Committee's report and recommendation.
06/30/2011LETTER from the Office of Bar Counsel taking no exception to the report and recommendation of the Board on Professional Responsibility.
07/12/2011FiledMotion For Extension Of Time to File ORDERED that the report from the Board on Professional Responsibility, construed as a motion for an extension of time to file its response, is granted and the Board on Professional Responsibility shall file its recommendation with this court within 120 days from the date of this order, It is FURTHER ORDERED that the petition for reinstatement is hereby held in abeyance pending further order of the court (RZ,TH,NE) (Respondent Board on Professional Responsibility)
11/09/2011FiledReport And Recommendation Of The BPR On Referral - The Board concludes that Petitioner has not carried his burden of proving that he is currently fit to resume the practice of law, even with the conditions recommended by the parties. Thus, the Board recommends that the court deny the petition for reinstatement. (Respondent Board on Professional Responsibility)
11/28/2011LodgedNotice Received of exception to the report and recommendation of the Board on Professional Responsibility. (Petitioner)
12/19/2011FiledOrder that the petition for reinstatement, the Board on Professional Responsibility's report and recommendation, Bar Counsel's notice of no exceptions and the notice of petitioner excepting to ht e Board's recommendation are hereby referred to a merits division. It is FURTHER ORDERED that respondent shall with 40 days from the date of this order, file his brief. Bar Counsel and the Board may file responsive briefs 30 days thereafter. If a brief is filed by either Bar Counsel or the Board, respondent may file a reply brief within 21 days thereafter. (TH,RZ,NE)
01/23/2012FiledBrief (Petitioner)
01/26/2012FiledAnswer/Response of Bar Counsel to petitioner's brief. Bar Counsel states that they do not oppose petitioner's petition for reinstatement and support the Hearing Committee's report and recommendation also recommending reinstatement. Bar Counsel will not file a brief in this matter. (Respondent Bar Counsel)
02/22/2012FiledMotion For Extension Of Time to File the Board on Professional Responsibility's brief. (Respondent Board on Professional Responsibility)
02/23/2012FiledOrder - ORDERED that the Board's motion is granted an the Board's brief shall be filed on or before March 9, 2012. (JAC)
02/28/2012LodgedReply from respondent that respondent does not object to the granting of the Boad's motion for extension of time. (Petitioner)
03/09/2012FiledMotion For Extension Of Time to File the Board on Professional Responsibility's brief. (unopposed) (Respondent Board on Professional Responsibility)
03/12/2012LodgedReceived the Board on Professional Responsibility's brief. (Respondent Board on Professional Responsibility)
03/16/2012FiledOrder - ORDERED that the Board's motion is granted and the Board's brief is hereby filed. It is FURTHER ORDERED that the petitioner's reply brief shall be filed on or before April 2, 2012. (JAC)
03/16/2012FiledBrief (Respondent Board on Professional Responsibility)
03/16/2012FiledBriefing Completed
03/16/2012FiledACTION - Ready for Calendaring - Regular
03/29/2012FiledACTION - Calendar notice sent
03/30/2012FiledReply Brief (Petitioner)
05/16/2012FiledArgued before Judges Oberly, Beckwith, Steadman Kevin M. Sabo, Pro Se for petitioner Elizabeth J. Branda, Esq. for respondent
08/16/2012FiledReinstated. (OB, BK, *ST). *Dissenting Opinion by Associate Judge Steadman