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In re Zackey

December 18, 2003

IN RE JONATHAN T. ZACKEY, RESPONDENT. A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS


On Report and Recommendation of the Board on Professional Responsibility (BDN351-01)

Before Wagner, Chief Judge, and Terry and Schwelb, Associate Judges.

Per curiam.

Submitted December 9, 2003

On December 12, 2000, the Supreme Court of Washington ordered that Jonathan T. Zackey be disbarred in that jurisdiction for multiple acts of misappropriation and for other violations of Washington's disciplinary rules. The court also ordered that Zackey pay restitution to the c lients whom he had defrauded. On December 4, 2002, by order of the Supreme Court of California, Zackey was disbarred from the practice of law in that state.

Zackey is also a member of the Bar of the District of Columbia, although he has been suspended from practice in this jurisdiction since December 1997 for non-payment of Bar dues. On June 30, 2003, the Board on Professional Responsibility issued a Report and Recommendation in which it proposed that this court impose identical reciprocal discipline, that Zackey be disbarred, and that as a condition of reinstatement, Zackey be required to comply with the restitu tion requirements of th e Washington Supreme Court's order.

Zackey did not participate in the proceedings before the Board, nor has he excepted to the Board's recommendation. Under these circumstances, Zackey has not rebutted or even challenged the presumption that identical reciprocal discipline should be imposed. See D.C. Bar R. XI, § 11 (c); In re Zilberberg, 612 A.2d 832, 834 (D.C. 1992). Moreover, in the absence of any objection, this court's deferential review of the Board's recommendation is even more deferential. In re Goldsborough, 654 A.2d 1285, 1288 (D.C. 1995).

Accordingly, Jonathan T. Zackey is hereby disbarred from the practice of law in the District of Columbia. In the event that Zackey applies for reinstatement, his application shall not be granted unless he demonstrates that he has made restitution as ordered by the Supreme Court of Washington. *fn1

So ordered. *fn2

APPENDIX

DISTRICT OF COLUMBIA COURT OF APPEALS BOARD ON PROFESSIONAL RESPONSIBILITY

In the Matter of JONATHAN T. ZACKEY, Respondent.

Bar Docket No. 351-01

REPORT AND RECOMMENDATION OF THE BOARD ON PROFESSIONAL RESPONSIBILITY

Respondent is a member of the Bar of the District of Columbia, having been admitted by examination on December 14, 1977. He has been suspended from the practice of law in the District of Columbia since December 1, 1997 for non-payment of Bar dues. Respondent was also a member of the Bars in the states of California and Washington. On December 12, 2000, Respondent was disbarred from the practice of law in the State of Washington by order of the Washington Supreme Court (the "Washington Court") and ordered to pay restitution. By order of the Supreme Court of California dated December 4, 2002, Respondent was disbarred from the practice of law in California. On December 13, 2002, Bar Counsel reported the California order of disbarrment to the Court for informational purposes.

Bar Counsel initiated this reciprocal discipline proceeding by filing a certified copy of the Washington Court's Order of Disbarrment with the District of Columbia Court of Appeals (the "Court"). On November 15, 2001, the Court temporarily suspended Respondent pursuant to D.C. Bar R. XI, ยง 11(d), and directed the Board on Professional Responsibility (the "Board") to make a recommendation on reciprocal discipline. Respondent did not participate in these proceedings. For the reasons that ...


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