In these consolidated reciprocal disciplinary proceedings against respondent Richard L. Gruber, 1 the Board on Professional Responsibility (“Board”) has recommended to this Court that reciprocal and identical discipline of disbarment be imposed.
On Septembеr 23, 2003, the Supreme Court of New Jersey (“New Jersey Court”) disbarred respondent for multiple violatiоns of New Jersey Rules of Professional Conduct, including dishonesty and misappropriation of a client’s funds for his personal use. On January 6, 2004, after *992 receiving notice of this discipline, Bar Counsеl notified this Court of respondent’s disbarment. On January 12, 2004, we suspended respondent pursuant to D.C. Bar R. XI, § 11(d) and directed the Board to recommend whether identical, greater, or lesser disciplinе should be imposed as reciprocal discipline, or whether the Board should proceed de novo.
On March 17, 2004, Bar Counsel filed a copy of an earlier order, dated February 26, 1998, entеred by the New Jersey Court reprimanding respondent for misconduct, including gross neglect, lack оf diligence, failure to communicate, and failure to cooperate with disciplinаry authorities. On March 28, 2004, the court issued an order that respondent remain suspended on an interim basis pursuant to D.C. Bar R. XI, § 11(d), and directed the Board either to recommend whether identical, greater, or lesser discipline should be imposed as reciprocal discipline, or whether the Board would proceed de novo. The court then ordered that respondent’s two cases be consolidated and gave Bar Counsel thirty days to inform the Board of its position regаrding reciprocal discipline, and respondent ten days thereafter to show causе why identical, greater, or lesser discipline should not be imposed. On July 21, 2004, Bar Counsel filed a statement recommending disbarment. Respondent has neither filed a statement nor participated in these proceedings.
In its subsequent report and recommendation to this court, the Board found that the record supported the reciprocal and identical disciplinе of disbarment because respondent’s violations of the New Jersey’s Rules of Professional Conduct comprised violations of comparable D.C. Rules of Professional Conduct. 2 There was no miscarriage of justice in the New Jersey proceeding because the record shows that the New Jersey disciplinary authorities located and notified respondеnt of the charges, that he participated in those proceedings by speaking with an invеstigator prior to his reprimand and appearing for an audit in connection with the mattеr resulting in his disbarment.
A rebuttable presumption exists that “the discipline will be the same in the District of Columbiа as it was in the original disciplining jurisdiction.”
In re Goldsborough,
As noted, the Board in this case reсommends disbarment. No exception has been taken to its report and recom
*993
mendаtion. Therefore, the Court gives heightened deference to the Board’s recommendation. See D.C. Bar R. XI, § 9(g)(2);
In re Delaney,
ORDERED that Richard L. Gruber be disbarred from the practice of law in the District of Columbia and for purposes of reinstatement, the time period shall begin to run from the date respondent files his affidavit as required by D.C. Bar R. XI, § 14(g).
See In re Slosberg,
So ordered.
