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United States Court Cases

District Of Columbia Court Of Appeals Record

IN RE: WAYNE R. ROHDE

Case Information: 05-BG-1141
Short Caption:IN RE: WAYNE R. ROHDEClassification:Bar Governance - Bar - Disciplinary Reciprocal
Superior Court or Agency Case Number:BDN347-05Filed Date:10/19/2005

Opening Event Date:10/19/2005Case Status:Decided/Dismissed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:03/01/2016
Argued/Submitted:10/11/2016
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerBar CounselN
Joseph N. BowmanNY
Jennifer P. LymanYY
Hamilton P. FoxNY
PetitionerBoard on Professional ResponsibilityN
James T. PhalenNY
RespondentWayne R. Rohde N
Thomas B. MasonNY
Timothy J. SimeoneYY

Events
Event DateStatusDescriptionResult
10/19/2005DISCIPLINARY LETTER from attorney for respondent with a certified copy of a conviction in the Circuit Court for Arlington County, VA. pursuant to D.C. Bar Rule XI, Sec 10 (a).
10/19/2005RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION to have felony criminal conviction in Virginia treated as a non serious crime or in the alternative to set aside order of suspension in the interest of justice.
10/19/2005RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION to exceed the page limitation of respondent's motion.
10/26/2005PETITIONER'S OPPOSITION (Bar Counsel)
11/04/2005RESPONDENT'S REPLY
12/05/2005ORDER On consideration of respondent's notification of his criminal conviction in the Circuit Court for Arlington County, Virginia, pursuant to D.C. Bar Rule XI, Sec 10 (a); respondent's motion to exceed page limitations; respondent's motion to have felony criminal conviction in Virginia treated as a non-serious crime or, in the alternative, to set aside order of suspension in the interest of justice; Bar Counsel's opposition, and respondent's reply, and it appearing that respondent pled guilty to a violation of VA Code Ann. Sec 46.2-894, Duty of Driver to Stop in the Event of Accident Involving Injury, a Class 5 felony in the State of Virginia, and it further appearing that respondent asserts, and has stated his intention to prove that his violation of the Virginia Code resulted from a black out caused by alcoholism, and that since the accident at issue in 2004, respondent has been treating his alcoholism, and it further appearing that D.C. Bar Rule XI, Sec 10 (c) provides that an attorney's conviction of a serious crime within the meaning of Sec 10 (b) shall result in an immediate suspension, pending the final disposition of any disciplinary proceeding, but that for good cause shown, the court may set aside such order of suspension when it appears in the interest of justice to do so, and it further appearing that it is in the interest of justice, based on the record before the court, not to impose an immediate suspension upon respondent, it is ORDERED that respondent's motion to exceed page limitation is granted. It is FURTHER ORDERED that, without deciding whether respondent committed a serious crime within the meaning of Sec 10 (b), respondent's motion is granted insofar as the court declines to order respondent's immediate suspension. (SC, GL, NW)
02/28/2006PETITIONER'S MISCELLANEOUS PROCEDURAL MOTION for the court to direct the Board on Professional Responsibility to institute a formal proceeding to deterimine (1) whether respondent's criminal conviction was for a crime of moral turpitude; and (ii) the nature of the final discipline to be imposed.
03/16/2006ORDER On consideration of Bar Counsel's motion for the Court to direct the Board on Professional Responsibility to institute a formal proceeding to determine (1) whether respondent's criminal conviction was for a crime of moral turpitude; and (2) the nature of the final discipline to be imosed, and it appearing that respondent was convicted of felony hit and run, in violation of Code of Virginia Sec 46.2-894 (2005),in the Circuit Court for Arlington County, Virginia, it is ORDERED, pursuant to D.C. Code Sec 11-2503 (a), that the Board on Professional Responsibility institute a formal proceeding to determine the nature of the final discipline to be imposed and to review the elements of the statute of which respondent was convicted to determine whether his conviction involved moral turpitude per se or on its facts. (SC, GL, KN)
08/03/2015FiledReport And Recommendation Of The BPR On Referral that respondent be suspended for two years with a requirement to prove his fitness to practice as a condition on reinstatement, and that the suspension be stayed in favor of a three-year period of supervised probation, subject to the conditions set forth by Hearing Committee Number Three. (Petitioner Board on Professional Responsibility)
08/03/2015FiledReceived Transcript of oral argument dated December 11, 2007. (Petitioner Board on Professional Responsibility)
08/03/2015FiledReceived Transcript of oral argument dated December 12, 2007. (Petitioner Board on Professional Responsibility)
08/03/2015FiledReceived Transcript of Oral Argument dated January 15, 2008. (Petitioner Board on Professional Responsibility)
08/12/2015FiledExceptions. (Petitioner Bar Counsel)
09/01/2015FiledLetter 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. In the event 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. The Board stands by its report and recommendation. (Petitioner Board on Professional Responsibility)
09/11/2015FiledBriefing 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)
10/19/2015FiledMotion For Extension Of Time to File brief. (Unopposed) (Petitioner Bar Counsel)Granted
10/22/2015FiledGRANT - Order Granting MOET to file Bar Counsel's brief on or before December 15, 2015. (TBN)
12/11/2015FiledMotion For Extension Of Time to File brief. (Petitioner Bar Counsel)Granted
12/14/2015FiledGRANT - Order Granting MOET to file brief on or before December 22, 2015.
12/22/2015FiledMotion For Extension Of Time to File Disciplinary Counsel's brief. (Unopposed) (Petitioner Bar Counsel)Granted
12/23/2015LodgedBrief. (Petitioner Bar Counsel)
12/30/2015FiledGRANT - Order Granting MOET to file Disciplinary Counsel's brief and Disciplinary Counsel's brief is hereby filed.
12/30/2015FiledBrief. (Petitioner Bar Counsel)
01/04/2016FiledMotion For Extension Of Time to File brief. (Unopposed) (Respondent)Granted
01/06/2016FiledGRANT - Order Granting MOET to file respondent's brief, and respondent's brief shall be filed on or before February 26, 2016. (TBN)
02/26/2016FiledBrief. (Respondent)
03/01/2016FiledBriefing Completed.
03/01/2016FiledACTION - Ready for Calendaring - Regular
03/02/2016FiledLetter To Counsel/Party Re Future Calendaring
03/07/2016FiledLetter From Counsel/Party Re Future Calendaring. (Petitioner Bar Counsel)
03/14/2016FiledLetter From Counsel/Party Re Future Calendaring. (Respondent)
03/17/2016FiledMotion For Extension Of Time to File reply brief. (Unopposed) (Petitioner Bar Counsel)Granted
03/21/2016FiledLetter From Counsel/Party Re Future Calendaring, Jennifer Lyman, Senior Assistant Disciplinary Counsel. (Petitioner Bar Counsel)
03/22/2016FiledGRANT - Order Granting MOET to file Disciplinary Counsel's reply brief on or before April 14, 2016. (JAC)
04/14/2016FiledReply Brief. (Petitioner Bar Counsel)
08/30/2016FiledACTION - Calendar notice sent
10/11/2016FiledArgued Before Chief Judge Washington, and Associate Judges, Easterly and McLeese. (Jennifer P. Lyman Esq.,for the petitioner) (Timothy J. Simeone Esq.,for the Respondent).
08/30/2018FiledSuspended. (EA,ML,WH)