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In re Howard

DISTRICT OF COLUMBIA COURT OF APPEALS


July 21, 2005

IN RE PHILLIP T. HOWARD, RESPONDENT.
A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS (BAR REGISTRATION NO. 457694)

Per curiam.

On Report and Recommendation of the Board on Professional Responsibility (BDN 175-04)

Before REID and GLICKMAN, Associate Judges, and PRYOR, Senior Judge.

On August 21, 2003, the Supreme Court of Florida publicly reprimanded respondent Phillip T. Howard as discipline for "conduct involving dishonesty, fraud, deceit, or misrepresentation" in violation of Florida Ethical Rule 4-8.4(c))."*fn1 Bar Counsel notified us of this action and on May 18, 2004, pursuant to D.C. Bar R. XI, § 11 (d), we referred the matter to the Board on Professional Responsibility ("Board") for a determination of whether identical, greater or lesser discipline should be imposed as reciprocal discipline, or whether the Board would proceed de novo. TheBoard now recommends that we publicly censure respondent as identical reciprocal discipline. Bar Counsel has not taken exception to the Board's report and recommendation and respondent has not filed a statement regarding his position on reciprocal discipline nor participated in any Board proceedings.

Our review in uncontested disciplinary cases is limited and the presumption strongly favors identical reciprocal discipline, unless the respondent demonstrates, or we find on the face of the record, by clear and convincing evidence, that one or more of the five exceptions set forth in D.C. Bar R. XI, § 11 (c)) applies.*fn2 We have found no evidence indicating that any of these exceptions applies; respondent's conduct in Florida, if committed here, would violate D.C. Rule 8.4 (c)).*fn3

Accordingly, we defer to the Board's findings and adopt its recommended sanction since it is not inconsistent with discipline imposed in similar cases.*fn4 See D.C. Bar Rule XI, § 9 (g)(2); In re Delaney, 697 A.2d 1212, 1214 (D.C. 1997). Therefore, it is

ORDERED that Phillip T. Howard be and hereby is publicly censured.

So ordered.


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