Rule 3.4 - Conviction of Attorneys or LPs(a) Petition for Interim Suspension; Notice to Answer. Upon learning that an attorney or LP has been convicted in any jurisdiction of an offense that is a misdemeanor that may involve moral turpitude, a felony under the laws of this state, or a crime punishable by death or imprisonment under the laws of the United States and determining that immediate and irreparable harm to the attorney's or LP's clients or the public is likely to result if a suspension of the attorney's or LP's license to practice law is not ordered, Disciplinary Counsel shall petition the Disciplinary Board to suspend the attorney's or LP's license to practice law on an interim basis. The petition shall describe the conviction and explain the basis upon Disciplinary Counsel believes that immediate and irreparable harm to the attorney's or LP's clients or the public is likely to result if a suspension is not ordered. The petition shall include a copy of the documents that show the conviction and may be supported by documents or affidavits. A "conviction" for purposes of this rule shall be considered to have occurred upon entry of a plea of guilty or no contest or upon entry of a finding or verdict of guilty. The notice to answer shall provide that an answer to the petition must be filed with the Disciplinary Board Clerk within fourteen (14) days of service and that, absent the timely filing of an answer with the Disciplinary Board Clerk, the relief sought can be obtained. Disciplinary Counsel shall file the petition with the Disciplinary Board Clerk and shall serve a copy, along with the notice to answer, on the attorney or LP pursuant to BR 1.8.(b) Answer by Attorney or LP. The attorney or LP shall file an answer to the Bar's petition with the Disciplinary Board Clerk within fourteen (14) days of service. The attorney or LP shall mail a copy of the answer to Disciplinary Counsel and file proof of mailing with the Disciplinary Board Clerk.(c) Default; Entry of Order. The failure of the attorney or LP to answer the Bar's petition within the time provided in BR 3.4(b) constitutes a waiver of the attorney's or LP's right to contest the Bar's petition, and all factual allegations contained in the petition shall be deemed true. Not earlier than fourteen (14) days after service of the petition and in the absence of an answer filed by the attorney or LP named in the petition, the Adjudicator shall review the sufficiency of the petition. If the petition establishes the attorney's or LP's conviction of a category of offense described in BR 3.4(a) and a reasonable belief that clients or others will suffer immediate or irreparable harm by the attorney's or LP's continued practice of law, the Adjudicator shall enter an appropriate interim order suspending the attorney's or LP's license to practice law until further order of the Adjudicator or the Supreme Court. The Disciplinary Board Clerk shall send copies of the order to the parties.(d) Answer filed; Setting hearing on interim suspension. Upon the timely filing of the attorney's or LP's answer pursuant to BR 3.4(b), the Adjudicator shall hold a hearing on the Bar's petition not less than 30 days nor more than 60 days after the date the answer is filed. The Disciplinary Board Clerk shall promptly notify Disciplinary Counsel and the attorney or LP of the date, time, and location of the hearing. The hearing shall take place consistently with BR 5.3(a), (b), (c), and (d). At the hearing, the Bar must prove by clear and convincing evidence that the attorney or LP has been convicted of a category of offense described in BR 3.4(a) and that clients or others will suffer immediate or irreparable harm by the attorney's continued practice of law. Proof that clients or others will suffer immediate or irreparable harm by the attorney's or LP's continued practice of law may include, but is not limited to, establishing that a period of incarceration was imposed on the attorney or LP as a result of the conviction. If the attorney or LP, having been notified of the date, time, and location of the hearing, fails to appear, the Adjudicator may enter an order finding the attorney or LP in default, deeming the allegations contained in the petition to be true, proceed on the basis of that default consistent with BR 3.4(c), and enter an appropriate order.(e) Order of Adjudicator; Suspension; Restrictions on Trust Account; Notice to Clients; Custodian; Other Orders. The Adjudicator, upon the record pursuant to BR 3.4(c) or after the hearing provided in BR 3.4(d), shall enter an appropriate order. If the Adjudicator grants the Bar's petition and suspends the attorney's license to practice law, the order of suspension shall state an effective date. The suspension shall remain in effect until further order of the Adjudicator or the court. The Adjudicator may enter such other orders as appropriate to protect the interests of the suspended attorney, the suspended attorney's clients, and the public, including, but not limited to: (1) an order that, when served upon a financial institution, serves as an injunction prohibiting withdrawals from the attorney's trust account or accounts except in accordance with restrictions set forth in the Adjudicator's order.(2) an order directing the attorney to notify current clients and any affected courts of the attorney's suspension; and to take such steps as are necessary to deliver client property, withdraw from pending matters, and refund any unearned fees.(3) an order appointing an attorney as custodian to take possession of and inventory the files of the suspended attorney and take such further action as necessary to protect the interests of the suspended attorney's clients. Any attorney so appointed by the Adjudicator shall not disclose any information contained in any file without the consent of the affected client, except as is necessary to carry out the order of the Adjudicator. The Disciplinary Board Clerk shall send copies of the order to the parties.
(f) Costs and Expenses. The Adjudicator may direct that the costs and expenses associated with any proceeding under this rule be allowed to the prevailing party. The procedure for the recovery of such costs shall be governed by BR 10.7 as practicable.(g) Duties of Attorney or LP. An attorney or LP suspended from practice under this rule shall comply with the requirements of BR 6.3(a), (b), and (c). An attorney or LP whose suspension under thus rule exceeds 6 months must comply with BR 8.1 to be reinstated. An attorney or LP whose suspension under this rule is 6 months or less must comply with BR 8.2 to be reinstated.(h) Application of Other Rules. Except as specifically provided herein, Title 4, Title 5, and Title 6 of the Rules of Procedure do not apply to proceedings brought pursuant to BR 3.4.(i) Supreme Court Review. No later than fourteen (14) days of the entry of an order pursuant to BR 3.4(e), Disciplinary Counsel or the attorney or LP who is the subject of an order entered pursuant to BR 3.4(e) may request the Supreme Court to review the Adjudicator's order, including conducting a de novo review on the record, on an expedited basis. Unless otherwise ordered by the court, an interim order of suspension, if entered, shall remain in effect until the court issues its decision.(j) Independent Charges. Whether or not an interim suspension is sought pursuant to BR 3.4(a), the SPRB may direct Disciplinary Counsel to file a formal complaint against the attorney or LP based upon the fact of the attorney's or LP's conviction or the underlying conduct.(k) Relief From Suspension. If an attorney's or LP's conviction is reversed on appeal, and such reversal is not subject to further appeal or review, or the attorney or LP has been granted a new trial and the order granting a new trial has become final, any suspension or discipline previously ordered based solely on the conviction shall be vacated upon the Disciplinary Board's receipt of the judgment of reversal or order granting the attorney or LP a new trial. Reversal of the attorney's or LP's conviction on appeal or the granting of a new trial does not require the termination of any disciplinary proceeding based upon the same facts which gave rise to the conviction.Rule 3.4d amended by Order dated March 13, 1989, effective 4/1/1989. Rule 3.4e amended by Order dated February 5, 2001. Amended by Order dated June 17, 2003, effective 7/1/2003. Rule 3.4e amended by Order dated October 19, 2009. Former Rule 3.4d, 3.4e, 3.4g, and 3.4h deleted; former Rule 3.4f and 3.4i redesignated as 3.4j and 3.4k; Rule 3.4d, 3.4e, 3.4f, 3.4g, 3.4h, and 3.4i added; Rule 3.4a, 3.4b, 3.4c, 3.4j, and 3.4k amended by Order dated May 3, 2017, effective 1/1/2018. Rule 3.4(a) through (e), (g), and (i) through (k) amended by Order dated August 17, 2022, effective 7/1/2023. Rule 3.4(a) through (e i), and (j) amended by Order dated December 26, 2023, effective 1/1/2024.