Summary
The District of Columbia Court of Appeals imposed reciprocal discipline on Thomas O'Toole based on a 30-day suspension imposed by the Maryland Court of Appeals for willfully failing to file federal and state income tax returns. The court ordered the suspension to run nunc pro tunc from June 7, 2004, the date the required affidavits were filed.
Holdings
- Willfully failing to file income-tax returns constitutes misconduct in the District of Columbia.
- The District of Columbia should impose a thirty-day suspension identical to the Maryland suspension.
- The thirty-day reciprocal suspension runs nunc pro tunc from June 7, 2004, the date O'Toole filed the necessary affidavit, rather than from the date of the Maryland suspension.
Questions Presented
- Whether the District of Columbia should impose reciprocal discipline identical to the thirty-day Maryland suspension.
- What effective date should apply to the reciprocal suspension when the respondent did not timely file the affidavits required for nunc pro tunc treatment.
Disposition
other
Cases Cited (9)
- Attorney Grievance Comm'n v. O'Toole, 379 Md. 595, 598-600, 843 A.2d 50, 52-53 (2004)(followed)
- In re Levitt, 724 A.2d 1206, 1207 (D.C. 1999)(followed)
- In re Zdravkovich, 831 A.2d 964, 968-69 (D.C. 2003)(followed)
- In re Cole, 809 A.2d 1226, 1227 n. 3 (D.C. 2002)(followed)
- In re Goldberg, 460 A.2d 982, 985 (D.C. 1983)(followed)
- In re Glass, 805 A.2d 236, 236 n. 1 (D.C. 2002)(followed)
- In re Cornish, 691 A.2d 156, 158 n. 3 (D.C.), cert. denied, 522 U.S. 867, 118 S.Ct. 176, 139 L.Ed.2d 117 (1997)(followed)
- In re Slosberg, 650 A.2d 1329, 1331-33 (D.C. 1994)(followed)
- In re Gardner, 650 A.2d 693, 697 (D.C. 1994)(followed)
Cited In (0)
No citing cases on record yet.
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