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In re Reynolds2/10/2005
Submitted December 3, 2004
On December 14, 2000, we suspended petitioner, David D. Reynolds, from practicing law for a period of six months with the requirement that he demonstrate his fitness to resume the practice of law as a prerequisite to reinstatement. In re Reynolds, 763 A.2d 713 (D.C. 2000). Before us now is petitioner's request for reinstatement. See D.C. Bar R. XI, § 16 (d) (2003). A hearing was conducted before a Hearing Committee which recommended to the Board on Professional Responsibility that the petition be denied. The Board in turn recommends that this court deny the petition because petitioner has not demonstrated by clear and convincing evidence that he is fit to resume practicing law. We agree with the Board and therefore deny his petition for reinstatement. See id. § 16 (f).
To gain reinstatement, petitioner must establish by clear and convincing evidence that
(1) he has the "moral qualifications, competency, and learning in 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 the administration of justice, or subversive to the public interest." D.C. Bar R. XI, § 16 (d). We consider these factors in light of the criteria set forth in In re Roundtree, 503 A.2d 1215, 1217 (D.C. 1985): (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; (4) the attorney's present character; and (5) the attorney's present qualifications and competence to practice law. Neither Bar Counsel nor petitioner filed objections or exceptions to the Board's report. "In such circumstances our review of the Board's recommendation is 'especially deferential.'" In re Patkus, 841 A.2d 1268, 1268 (D.C. 2004) (citing In re Delaney, 697 A.2d 1212, 1214 (D.C. 1997)).
We note that although the burden is on petitioner to demonstrate by clear and convincing evidence that he has satisfied the Roundtree factors, he did not produce any witnesses or offer any exhibits to support his petition. Petitioner was originally disciplined for misdemeanor convictions in Virginia on two counts of driving while intoxicated, one count of eluding a police officer, and one count of hit and run. In re Reynolds, 763 A.2d at 713. His criminal conduct was accompanied by "an extended pattern of alcohol abuse over more than a decade." Id. at 714. Petitioner's conduct was certainly serious and, as the Board notes in its report and recommendation, he has not proven by clear and convincing evidence that he recognizes the seriousness of that conduct. Petitioner's statement in his Post-Hearing Reply Brief that he acknowledges "the seriousness of his offenses in the eyes of the law" falls short of demonstrating that he has a full understanding of the nature and ramifications of his conduct. Moreover, petitioner produced no evidence to suggest that his conduct has improved since he was disciplined. In his petition, he claims that he has not consumed an alcoholic beverage in over three years. However, his claim is belied by the testimony of Dr. Stejskal, a clinical psychologist, who testified that on the one occasion he met with petitioner, he appeared to be intoxicated. Finally, petitioner failed to produce any witnesses to testify to his present character, and failed to provide any documentation of his present qualifications and competence to practice law.
In light of our standard of review, the Board's unchallenged report and recommendation, and the record herein, we conclude that petitioner has failed to establish by clear and convincing evidence his fitness
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