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In re Wheeler

April 7, 2005

IN RE KENNETH E. WHEELER, RESPONDENT.
A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS (BAR REGISTRATION NO. 445227)



Before Schwelb and Reid, Associate Judges, and Kern, Senior Judge.

Per curiam.

On Report and Recommendation of the Board on Professional Responsibility (BDN 217-03, 372-00 and 515-02)

Submitted March 23, 2005

In its attached Report and Recommendation, in No. 04-BG-1014, the Board on Professional Responsibility has recommended that Kenneth E. Wheeler, a member of our Bar, be disbarred. On June 15, 2004, as noted in the Board's Report, Wheeler was convicted in the Superior Court of Hudson County, New Jersey, of one count of Misapplication of Entrusted Property. Bar Counsel has advised the court that on December 17, 2004, Wheeler was sentenced for the foregoing offense, and that he has not appealed his conviction.

In its Report, the Board has concluded that the offense of which Wheeler was convicted is a crime of moral turpitude per se. We agree with and adopt the Board's conclusion. Having been convicted of a crime of moral turpitude, Wheeler must be disbarred. In re Colson, 412 A.2d 1160, 1164 (D.C. 1979) (en banc). We also note that Wheeler has not excepted to the Board's recommendation. Accordingly, in No. 04-BG-1014, Kenneth E. Wheeler is hereby disbarred.*fn1

In light of the order of disbarrment, the following additional disciplinary matters relating to Wheeler are dismissed without prejudice:

1. No. 03-BG-736 (Bar Docket No. 217-03);*fn2 and

2. No. 04-BG-470 (Bar Docket No. 372-00).*fn3

These two matters may be reopened in the event that Wheeler should apply for reinstatement.

So ordered.

ATTACHMENT

DISTRICT OF COLUMBIA COURT OF APPEALS BOARD ON PROFESSIONAL RESPONSIBILITY

REPORT AND RECOMMENDATION OF THE BOARD ON PROFESSIONAL RESPONSIBILITY

This matter is before the Board on Professional Responsibility (the "Board") pursuant to an order of the District of Columbia Court of Appeals (the "Court") directing the Board to institute a formal proceeding to determine the nature of the final discipline to be imposed based on Respondent's conviction of Misapplication of Entrusted Property, N.J. Stat. § 2C:21-15, and specifically to review the elements of the crime to determine whether it involves moral turpitude within the meaning of D.C. Code § 11-2503(a) (2001). We ...


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