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In re Roxborough6/7/2001
1998. BX C at Attachment D. His 1995 Maryland return reflects a balance of $812 owed the Comptroller of the Treasury. Id. His 1996 and 1997 returns show balances owed of $995 and $825 respectively. Id. At the time of the hearing, he had not paid these balances. Tr. I 183-84. At the time of the hearing, Petitioner estimated his debt to the State of Maryland at $7,686 and his debt to the District of Columbia at $11,000.
85. Petitioner informed the Board in January 2001 that he had borrowed funds to pay the Maryland and District of Columbia tax obligations. Petitioner's Affidavit. He is repaying the loan at the rate of $250 per month for three years. Id.
F. Present Ability To Practice Law
86. Petitioner has continued to perform legal research, under the supervision of other attorneys. He has drafted motions and memoranda for pending cases and submitted them to the attorneys handling the cases for their use. Tr. II 137.
87. Petitioner has monitored classes at Howard University Law School to stay current in the law. Tr. I 122, 125.
88. Petitioner completed a course in professional responsibility in 1998.
89. Petitioner has learned how to use Lexis and Nexis to conduct legal research.
90. In his supplemental submission to the Board in January 2001, Petitioner clarified his future plans if he is reinstated to the Bar. He plans to work, for approximately one year, for Way of the Cross Church of Christ. During that period, he intends to prepare for private practice through the Bar's law office management and counseling programs. Petitioner has participated in the Lawyers Counseling Program since April 2000. He then intends to enter private practice with Edward Kimmel, Esquire, as an associate.
ANALYSIS
Under D.C. App. R. XI, § 16(d), a petitioner seeking reinstatement must prove, by clear and convincing evidence, (1) "that he has the moral qualifications, competency, and learning in the law required for readmission, and (2) his resumption of the practice of law will not be detrimental to the integrity and standing of the Bar, or to the administration of justice, or subversive to the public interest." In In re Roundtree, 503 A.2d 1215, 1217 (D.C. 1985), the Court identified five factors that should inform this inquiry:
1. The nature and circumstances of the misconduct for which the attorney was disciplined;
2. Whether the attorney recognizes the seriousness of the misconduct;
3. The attorney's conduct since discipline was imposed, including the steps taken to remedy past wrongs and prevent future ones;
4. The attorney's present character; and
5. The attorney's present qualifications and competence to practice law.
In addition, the Board must consider whether Petitioner's physical and mental health are sufficiently recovered to permit him to practice law, as the Court directed by its citation to D.C. App. R. XI, § 13(g) in Roxborough III. Before addressing each requirement in turn, we note that, in reinstatement matters, the Board should defer to the Hearing Committee's findings of fact where supported by substantial evidence on the record as a whole. Board Rule 13.6. Accord, In re Lee, 706 A.2d 1032, 1035 (D.C. 1998); In re Stanton, 682 A.2d 655, 658 (D.C. 1996).
1. Nature and Circumstances of Misconduct Leading to Discipline
Petitioner's previous misconduct was serious and repeated. It arose from several distinct incidents and culminated in three decisions by the Court of Appeals that suspended Petitioner with the requirement that he prove his fitness to practice law before reinstatement.
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