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In re Reynolds

2/10/2005

BX 11 at 2; HC Rpt. Finding 7.


13. Petitioner was incarcerated for parole violations from April 20, 2000, to September 13, 2000, when the Parole Board determined that the evidence was insufficient to sustain the charged parole violations. BX 9 (Jenkins Affidavit 14); HC Rpt. Finding 8.


14. During the time of this incarceration, on May 8, 2000, the Board issued its report in BDN 506-97, in which it agreed that the proved pattern of law-breaking, and violation of probation which led to incarceration, were sufficient to establish a Rule 8.4(b) violation. HC Rpt. Finding 4.


15. The Court of Appeals [agreed and suspended Petitioner] on December 14, 2000, on the grounds stated by the Board. Quoting a concurring opinion in In re Reynolds, 649 A.2d 818, 819 (D.C. 1994) (per curiam) (Farrell, J., concurring), the Court observed that the focus of the Rule "'is on whether the offense 'indicate lack of those characteristics relevant to law practice,' and ' pattern of repeated offenses, even ones of minor significance when considered separately, can indicate indifference to legal obligation.'" HC Rpt. Finding 4.


16. On December 21, 2000, Petitioner was hit by a car and hospitalized. He recovered in a nursing home until May 2001. HC Rpt. Finding 8.


17. During his recovery, on January 30, 2001, Petitioner filed with the Board Office his Petition for Reinstatement and the required Reinstatement Questionnaire. In the Petition for Reinstatement, Petitioner stated that he "has not consumed an alcoholic beverage in over three (3) years." Petition for Reinstatement at 2.


18. As evidenced by Findings 8, 10, and 11 above, Petitioner's statement that he had not had any alcohol in three years was false. See HC Rpt. at 7 n.2 (the Hearing Committee expressly finds statement "not credible").


19. The Reinstatement Questionnaire submitted by Petitioner asked, " ave there been or are there now any charges, complaints, grievances pending concerning your conduct as an attorney in any bar of which you are a member or have ever been a member other than the District of Columbia Bar." Petitioner answered "No." Reinstatement Questionnaire at 4. The Reinstatement Questionnaire stated: "List any discipline for misconduct of petitioner other than that which forms the basis for the suspension or disbarrment involved in this petition, in any jurisdiction where petitioner has been admitted to practice law. A certified copy of any official action to that effect in any jurisdiction shall be attached to this questionnaire and petitioner shall also provide a description of the misconduct and the specific disciplinary action(s)." Petitioner Responded, "None." Reinstatement Questionnaire at 5.


20. In light of Finding 7, above, Petitioner's responses to the Reinstatement Questionnaire were, at best, incomplete.


21. Since his release from the nursing home in May 2001, Petitioner has had no permanent residence. Tr. II at 120. At the time of the hearing, he was sleeping in an emergency shelter on a night-to-night basis. Tr. II at 121.


22. Since his release from jail in December 1999, Petitioner has not held steady employment, and he could not identify anyone for whom he has worked. Tr. II at 122, 138-41, 152. To the extent Petitioner has sought employment, he has focused his efforts on law-related employment, such as law clerk and paralegal work, but he has not been accepted for such positions. Tr. II at 151-52. Petitioner has made some effort at other employment, but no significant effort in that regard. Tr. II at 156, 158.


23. Petitioner has made little, if any, effort to utilize the services available to him throu

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