January 23, 2003
IN RE JAMES S. MAXWELL, RESPONDENT A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS
On Report and Recommendation of the Board on Professional Responsibility (BDN 26-00)
Before Terry and Schwelb, Associate Judges, and Newman, Senior
The opinion of the court was delivered by: Per Curiam
This matter is back before the court following our rejection of the sanction initially recommended by the Board on Professional Responsibility ("the Board"). In In re Maxwell, 798 A.2d 525 (D.C. 2002), we remanded this case to the Board, directing it to determine whether to recommend identical reciprocal discipline or to conduct further proceedings. The Board now recommends that we impose functionally identical reciprocal discipline, namely, a public censure. *fn1
Neither Bar Counsel nor respondent has offered any objection to the Board's report and recommendation. Given our limited scope of review and the presumption in favor of identical reciprocal discipline, we adopt that recommendation. See In re Goldsborough, 654 A.2d 1285 (D.C. 1995); In re Zilberberg, 612 A.2d 832, 834 (D.C. 1992); D.C. Bar Rule XI, § 11 (f). Accordingly, it is ORDERED that James S. Maxwell be, and hereby is, publicly censured.