In re John R. Fuchs

905 A.2d 160 (D.C. 2006) · District of Columbia Court of Appeals · July 27, 2006 · No. No. 04-BG-882

Summary

The District of Columbia Court of Appeals imposed reciprocal discipline on John R. Fuchs based on prior disciplinary action by the Supreme Court of California. The court ordered a one-year suspension, stayed in favor of two years of unsupervised probation, and required proof of compliance with the California probation conditions.

Holdings

  1. The court imposed identical reciprocal discipline: a one-year suspension from the practice of law in the District of Columbia, stayed, with two years of unsupervised probation subject to the California probation conditions and a proof-of-compliance requirement.
  2. Respondent waived his right to show cause why reciprocal discipline should not be imposed by failing to raise his objections before the Board on Professional Responsibility.
  3. A reciprocal disciplinary proceeding is not a forum to relitigate or collaterally attack the findings or judgment of the foreign jurisdiction.

Questions Presented

  1. Whether the District of Columbia should impose reciprocal discipline identical to the discipline imposed by California.
  2. Whether respondent established an exception to reciprocal discipline under D.C. Bar Rule XI, section 11(c), particularly the grave-injustice exception.
  3. Whether respondent could relitigate the underlying California misconduct or challenge the foreign disciplinary proceeding in the reciprocal-discipline proceeding.

Disposition

other

Cases Cited (12)

  • In re Demos, 875 A.2d 636, 640 (D.C. 2005)(followed)
  • In re Harper, 785 A.2d 311, 316 (D.C. 2001)(followed)
  • In re Spann, 711 A.2d 1262, 1263, 1265 (D.C. 1998)(followed)
  • In re Sheridan, 680 A.2d 439, 440 (D.C. 1996)(followed)
  • In re Aldridge, 664 A.2d 354, 355 (D.C. 1995)(followed)
  • In re Goldsborough, 654 A.2d 1285, 1288 (D.C. 1995)(followed)
  • In re Zdravkovich, 831 A.2d 964, 968-969 (D.C. 2003)(followed)
  • In re Gardner, 650 A.2d 693, 695 (D.C. 1994)(followed)
  • In re Zilberberg, 612 A.2d 832, 834-35 (D.C. 1992)(followed)
  • In re Velasquez, 507 A.2d 145, 147 (D.C. 1986)(followed)

Showing top 10 of 12.

Cited In (0)

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