In re Haupt

801 A.2d 27 (D.C. 2002) · District of Columbia Court of Appeals · June 6, 2002

Summary

The District of Columbia Court of Appeals denied a disbarred attorney’s sixth petition for reinstatement. The court deferred to the Hearing Committee and Board on Professional Responsibility, which found that he failed to prove by clear and convincing evidence that he satisfied the reinstatement criteria, including concerns regarding reimbursement of the Client Security Fund and acceptance of responsibility.

Holdings

  1. Haupt failed to prove by clear and convincing evidence that he satisfied the five criteria for reinstatement, and his petition for reinstatement was properly denied.
  2. Although the Court alone makes the ultimate reinstatement decision, the Board's findings and recommendations are entitled to great weight, and the Hearing Committee's factual findings should be given deference when supported by substantial evidence on the record as a whole.

Questions Presented

  1. Whether the Court should accept the Board on Professional Responsibility's recommendation to deny Haupt's sixth petition for reinstatement.
  2. What deference is owed to the Board's recommendation and the Hearing Committee's factual findings in a reinstatement proceeding.

Disposition

other

Cases Cited (7)

  • In re Haupt, 444 A.2d 317 (D.C. 1982)(followed)
  • In re Roundtree, 503 A.2d 1215, 1217 (D.C. 1985)(followed)
  • In re Borders, 665 A.2d 1381, 1381-82 (D.C. 1995)(followed)
  • In re Roxborough, 775 A.2d 1063, 1076 (D.C. 2001)(followed)
  • Montgomery County Bar Ass'n, Inc. v. Haupt, 277 Md. 326, 353 A.2d 629 (1976)(cited)
  • Atty Grievance Comm'n of Md. v. Haupt, 285 Md. 39, 399 A.2d 1350 (1979)(cited)
  • In re Haupt, 422 A.2d 768 (D.C. 1980)(cited)

Cited In (0)

No citing cases on record yet.

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