In re Thomas McCarthy, Jr.

Summary

The District of Columbia Court of Appeals granted Thomas McCarthy, Jr.'s motion for an extension of time and filed his late response in a reciprocal-discipline proceeding. Based on his disbarment in Maryland and the presumption favoring identical reciprocal discipline, the court disbarred him from practicing law in the District of Columbia nunc pro tunc to November 14, 2022.

Holdings

1. The court imposed identical reciprocal discipline and disbarred respondent from the practice of law in the District of Columbia, nunc pro tunc to November 14, 2022.
2. Respondent may not relitigate or collaterally attack the findings or judgment underlying the foreign disciplinary order in a reciprocal-discipline proceeding.
3. Respondent did not establish a due-process violation because he had notice of the Maryland proceedings, an opportunity to respond, and in fact participated in them.

Questions Presented

1. Whether the District of Columbia Court of Appeals should impose reciprocal discipline identical to Maryland's disbarment.
2. Whether respondent's arguments established an exception to the presumption favoring identical reciprocal discipline.
3. Whether respondent could relitigate the Maryland disciplinary findings or collaterally attack the Maryland proceeding in the reciprocal-discipline case.
4. Whether the Maryland disciplinary proceeding denied respondent due process.

Disposition

other