48 A.3d 170
D.C.2012Background
- Johnson, a DC Bar member since 1981, pled guilty May 17, 2011, to attempted extortion under color of official right and attempted witness/evidence tampering; sentenced 87 months with 3 years' supervised release; he failed to report the conviction to the court and Bar as required.
- The Board suspended him under DC Bar R XI, § 10(c) and ordered a formal proceeding to determine if the offenses involve moral turpitude.
- The Board held the offenses are crimes of moral turpitude per se; the court reviewed de novo per Kerr.
- The court concluded extortion under color of official right and witness/evidence tampering are MT per se, warranting disbarment.
- Disbarment is effective immediately, with reinstatement subject to an affidavit under DC Bar R XI, § 14(g).
- Johnson has been disbarred in Maryland; reciprocal discipline and other sanctions were issue-neutral in this order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do Johnson’s crimes involve moral turpitude per se? | Board: both offenses are MT per se. | Not stated in opinion. | Yes; both offenses are MT per se. |
| Is witness and evidence tampering MT per se? | Board: § 1512(b)(2)(B) entails moral turpitude. | Not stated in opinion. | Yes; MT per se under § 1512(b)(2)(B). |
| Is disbarment mandatory upon MT conviction? | Disbarment mandatory under § 11-2503(a). | Not stated in opinion. | Disbarment mandatory. |
| Should the court consider particular conduct beyond the conviction? | Not necessary when offense manifestly involves MT; per Colson. | Not stated in opinion. | Not required; MT per se findings suffice. |
Key Cases Cited
- In re Kerr, 611 A.2d 551 (D.C.1992) (per se MT analysis applies to offenses with base offense elements)
- In re Colson, 412 A.2d 1160 (D.C.1979) (disbarment mandatory where offense manifestly involves MT)
- In re Shillaire, 549 A.2d 336 (D.C.1988) (definitional criteria for MT)
- In re Luvara, 942 A.2d 1125 (D.C.2008) (witness tampering akin to obstruction of justice; MT concerns)
- In re Squillacote, 790 A.2d 514 (D.C.2002) (assessing whether least culpable offender engages in MT conduct)
- In re Patterson, 833 A.2d 493 (D.C.2003) (disbarment for MT convictions is mandatory)
- In re Spiridon, 755 A.2d 463 (D.C.2000) (MT component of conviction supports mandatory disbarment)