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In re Daum

January 6, 1994

IN RE: CHARLES F. DAUM, RESPONDENT, A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS


On Report and Recommendation of the Board on Professional Responsibility

Before Terry and Sullivan, Associate Judges, and Gallagher, Senior Judge.

The opinion of the court was delivered by: Per Curiam

PER CURIAM: This matter comes to us from the Board on Professional Responsibility ("the Board") as a reciprocal discipline case that arose because the Court of Appeals of Maryland disciplined respondent for his practice of law there without a license. We accept the Board's recommendation and impose a public censure.

Respondent consented to a one-year suspension from the pro hac vice practice of law in Maryland. In reciprocal discipline cases, this court imposes an "identical discipline," unless we determine that the misconduct established warrants substantially different discipline in the District of Columbia. See D.C. Bar R. XI, § 11 (c) & (f). Both Respondent and the Board argue against the imposition of reciprocal discipline on grounds that the misconduct in Maryland would be subject to a different sanction here. Indeed, if this court were to impose identical discipline in this case, respondent would, in effect, be prohibited from practicing law in the District of Columbia. Accordingly, respondent urges a reprimand in lieu of a suspension and the Board recommends a public censure by the Court.

The absence of any prior disciplinary history and other aggravating circumstances are mitigating factors justifying a different sanction than imposed in the Maryland proceeding. We are persuaded by the Board's reasoning and, accordingly, we adopt the Board's recommended sanction as specified by the Board in its report, which we append as part of this opinion.

So ordered.

APPENDIX

DISTRICT OF COLUMBIA COURT OF APPEALS

BOARD ON PROFESSIONAL RESPONSIBILITY

IN RE CHARLES R. DAUM, RESPONDENT.

BAR DOCKET NO. 522-92

REPORT AND RECOMMENDATION OF THE BOARD ON PROFESSIONAL RESPONSIBILITY

This is a reciprocal discipline matter, based on a one-year suspension imposed on Respondent by the State of Maryland.

Respondent, a criminal defense lawyer licensed in the District of Columbia but not in Maryland, had appeared as counsel of record in some 17 cases in Prince Georges County, Maryland, without being admitted pro haec vice and without associating local counsel in these cases, all in violation of Rule 14 of the Rules Governing Admission to the Bar of Maryland. Disciplinary proceedings were initiated in Maryland against Respondent for his practice of law there without a license. Respondent's defense was his belief that a Maryland lawyer had entered ...


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