In re George Edelstein

Summary

The District of Columbia Court of Appeals imposed reciprocal disbarment on George Edelstein based on his disbarment by the United States District Court for the Southern District of New York. The court rejected his claims that the New York disciplinary process denied due process and involved an infirmity of proof. The court ordered that his disbarment in the District of Columbia take effect under the applicable reinstatement and affidavit requirements.

Holdings

1. Reciprocal discipline was not barred by due process because Edelstein received adequate notice of the specific ethical charge and the conduct underlying it, and he had a meaningful opportunity to be heard but chose not to participate in the hearings.
2. Edelstein failed to demonstrate an infirmity of proof sufficient to prevent acceptance of the New York misconduct findings in the reciprocal-discipline proceeding.
3. The court accepted the Board's recommendation and disbarred Edelstein from the practice of law in the District of Columbia.

Questions Presented

1. Whether reciprocal discipline should be denied because the foreign disciplinary proceeding lacked adequate notice or a meaningful opportunity to be heard, thereby violating due process.
2. Whether there was such an infirmity of proof supporting the foreign misconduct findings that the District of Columbia Court of Appeals could not accept them in a reciprocal-discipline proceeding.
3. Whether the court should impose reciprocal disbarment recommended by the Board on Professional Responsibility.

Disposition

other