In re Wheeler

Summary

The District of Columbia Court of Appeals disbarred Kenneth E. Wheeler after his conviction for misapplication of entrusted property under New Jersey law. The court adopted the Board on Professional Responsibility’s conclusion that the offense was a crime involving moral turpitude per se and dismissed two additional disciplinary matters without prejudice to reopening upon any reinstatement application.

Holdings

1. A conviction for misapplication of entrusted property under N.J. Stat. § 2C:21-15 is a crime involving moral turpitude per se because the offense requires knowing misuse of fiduciary property and is similar to theft.
2. Once the Court determines that the conviction is for a crime involving moral turpitude per se, D.C. Code § 11-2503(a) mandates disbarment.
3. The additional disciplinary matters were dismissed without prejudice and could be reopened if Wheeler later applied for reinstatement.

Questions Presented

1. Whether conviction under N.J. Stat. § 2C:21-15 for misapplication of entrusted property is a crime involving moral turpitude per se under D.C. Code § 11-2503(a).
2. Whether conviction of a crime involving moral turpitude per se requires the respondent's disbarment.
3. Whether the two additional disciplinary matters should remain pending after the disbarment order.

Disposition

other