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In re Reynolds2/10/2005
nied. Tr II at 161-63. BX 1-13 were then received into evidence. Tr. II at 163. The only witnesses were Petitioner, see Tr. II at 112-160, and William J. Stejskal, Ph.D., who testified out of turn by agreement of the parties, see Tr. II at 6-111. Bar Counsel had called another witness via subpoena, but that witness did not testify because she was the author of a document entered into evidence (BX 11) and her testimony would merely be a reiteration of statements made in the document. See Tr. II at 160. At the time, Petitioner made no objection to the Hearing Committee's consideration of the exhibit without the opportunity for cross-examination. See Tr. II at 162 (Petitioner states his "primary objection was relevance" but articulated no other objections).
The parties filed their post-hearing briefs. The Hearing Committee issued its Report and Recommendation on May 21, 2002. On May 23, 2002, Bar Counsel advised the Board Office that she took no exception to the Hearing Committee's Report. On June 3, 2002, Petitioner advised the Board Office that he took exception to both the Hearing Committee's findings of fact and its recommendation. On June 28, 2002, Petitioner sent to the Board Office a motion for extension of time, seeking an additional week to file his objections to the Hearing Committee Report. Petitioner argued that his briefcase (containing the Hearing Committee Report) was stolen when Petitioner suffered a medical emergency and that he had just requested a new copy of the Report. Bar Counsel did not object to Petitioner's motion. On July 3, 2002, the Board's Executive Attorney advised Petitioner that his request for a week-long extension was granted and that he had until July 8, 2002, to file his brief with the Board. By October 8, 2002, Petitioner had not filed anything with the Board and, as a result, the Board cancelled oral argument, pursuant to Board Rule 13.4(a). The Board has since reviewed the available record and makes the following findings and recommendation.
II. FINDINGS OF FACT
The Board has reviewed and adopts the Findings of Fact made by the Committee which are set forth here with minor changes. Pursuant to Board Rule 13.7, the Board has included additional findings to provide context and further support of its conclusions.
1. Petitioner was admitted to the District of Columbia Bar on April 3, 1995, and was assigned Bar Number 446190. BX 5 at 2 (Hearing Committee Report in BDN 506-97, issued on January 19, 2000).
2. Petitioner was convicted on May 1, 1998, in the Circuit Court of Arlington County, Virginia, on two counts of driving while intoxicated ("DWI"), one count of eluding, and one count of hit and run. He was sentenced on June 6, 1998, to 12 months on each of the counts, to run consecutively. HC Rpt. Finding 1.
3. On July 14, 1998, Bar Counsel filed a certified copy of the judgment of conviction with the District of Columbia Court of Appeals (the "Court"). On July 30, 1998, the Court ordered Petitioner suspended pursuant to D.C. Bar. R. XI, ยง 10(c), and directed the Board to institute formal disciplinary proceedings. BX 5 at 1.
4. Prior to these convictions, Petitioner had been convicted of DWI in 1984, 1987, 1990, and 1995. A fifth DWI charge had been dismissed the day following the 1995 conviction. Following the first three convictions, Petitioner had been required to receive treatment for alcohol abuse. The sentence on the 1995 conviction placed him on probation for two years, required that he complete an alcohol program as directed, limited Petitioner's driving [to traveling] to and from work and to and from the court and the probation officer, and ordered that he not use an automobile other tha
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