11 A.3d 1219
D.C.2011Background
- Respondent Karl W. Carter, Jr. was suspended from the practice of law in the District of Columbia for eighteen months.
- The suspension arose from three matters: representation of Blount and Briscoe in an employment discrimination suit against the U.S. Bureau of Engraving and Printing; representation of Morgan against his employer, the DC Fire and Emergency Services Department; and failures to respond to Bar Counsel investigations.
- In Blount/Briscoe matter, Carter failed to attend multiple hearings, contributed to delays, and a post-mediation hearing was not attended, leading to a show-cause order and later settlement issues.
- In Morgan matter, Carter accepted a $5,000 fee, failed to act or communicate, and did not ensure payment of a settlement to Morgan; arbitration resulted in an award to Morgan.
- In Bar Counsel investigations, Carter repeatedly failed to respond to information requests and court-ordered inquiries, even after subpoenas were issued.
- The Board found violations of multiple Rules of Professional Conduct and concluded the sanction should include a fitness requirement for reinstatement and restitution obligations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate sanction length | Bar Counsel urged a longer sanction due to prior violations. | Carter contends eighteen months is excessive and seeks a shorter term. | Eighteen-month suspension, with reinstatement conditioned on fitness and restitution. |
| Whether Rule 8.4(d) violation occurred regarding ACAB awards | Bar Counsel argued Carter's conduct violated Rule 8.4(d) by not paying awards. | Carter claimed no direct taint on the judicial process from failing to pay. | No Rule 8.4(d) violation found for failure to pay ACAB awards; conduct did not directly taint the judicial process. |
| Fitness for reinstatement | Carter should demonstrate fitness due to repeated misconduct. | Carter should be permitted to reinstate after serving suspension and addressing restitution. | Reinstatement conditioned on fitness to practice, restitution, and cooperation with Bar Counsel. |
| Restitution to clients | Carter must repay unearned or misappropriated funds. | Carter should resolve restitution as part of reinstatement process. | Proof of payment or restitution to Blount, Briscoe, and Morgan required for reinstatement. |
Key Cases Cited
- In re Godette, 919 A.2d 1157 (D.C. 2007) (deference to Board; sanctions review for consistency)
- In re Temple, 629 A.2d 1203 (D.C. 1993) (sanctions within broad range of acceptable outcomes)
- In re Ukwu, 926 A.2d 1106 (D.C. 2007) (two-year suspension with fitness and restitution for serious misconduct)
- In re Steele, 868 A.2d 146 (D.C. 2005) (three-year suspension with fitness for fabricating a subpoena and other misconduct)
- In re O'Donnell, 517 A.2d 1069 (D.C. 1986) (one-year suspension for lesser but similar misconduct)
- In re Goffe, 641 A.2d 458 (D.C. 1994) (within a wide range of acceptable sanctions)
- In re Hopkins, 677 A.2d 55 (D.C. 1996) (Hopkins test for Rule 8.4(d) requires direct bearing on judicial process)
