On Report and Recommendation of the Board on Professional Responsibility (BDN 104-05).
Submitted November 3, 2006
Before KRAMER and FISHER, Associate Judges, and SCHWELB, Senior Judge.
In this reciprocal disciplinary proceeding, the Board on Professional Responsibility has recommended that Charles M. James, III, a member of our Bar, be disbarred. The Board's recommendation is based upon James' disbarrment on March 16, 2005, by the Court of Appeals of Maryland for a number of violations of Maryland's Rules of Professional Conduct, including, inter alia, intentional misappropriation. Intentional misappropriation warrants disbarrment in the District of Columbia. In re Addams, 579 A.2d 190 (D.C. 1990) (en banc).
James did not participate in the proceedings before the Board, and presented no evidence to rebut the presumption in favor of imposing identical reciprocal discipline. See D.C. Bar R. XI, § 11 (f)(2). There was no evidence before the Board, and, indeed, no claim, that the imposition of identical reciprocal discipline would result in an "obvious miscarriage of justice." In re Childress, 811 A.2d 805, 807 (D.C. 2002).
On March 22, 2006, James filed exceptions in this court to the Board's Report. He contended that his misappropriation was negligent rather than intentional. He also invited our attention to a Joint Petition by the Attorney Grievance Commission of Maryland and by James requesting that he be suspended from practice by consent for a period of ninety days, a far less severe sanction than disbarrment.
James has failed, however, to file a brief, as required by several orders of this court.*fn1 As a result of James' noncompliance, we ordered on June 12, 2006, that this matter be scheduled "on the report and recommendation of the Board on Professional Responsibility only." In light of the deferential standard of review when a recommendation for reciprocal discipline, as here, is effectively unopposed, see In re Goldsborough, 654 A.2d 1285, 1288 (D.C. 1995), we conclude that James must be disbarred.
Moreover, even if we were to consider the claims made by James in his exceptions, "[w]e have consistently held that an attorney who fails to present a point to the Board waives that point and cannot be heard to raise it for the first time here." In re Abrams, 689 A.2d 6, 10 (D.C.) (en banc), cert. denied, 521 U.S. 421 (1997) (citation and internal quotation marks omitted). "We have also specifically held that an attorney waives the right to contest the imposition of reciprocal discipline when he or she does not oppose the proposed discipline before the Board or fails to respond to the court's show cause order." In re Holdmann, 834 A.2d 887, 889 (D.C. 2003) (citation omitted). "Treating an opposition filed for the first time in this court as equivalent to a timely response to the show cause order thwarts the operation of a disciplinary system that depends heavily on the Board's expertise in making recommendations." In re Harper, 785 A.2d 311, 316 (D.C. 2001); Holdmann, 834 A.2d at 889 (quoting Harper). Under these circumstances, and especially in light of James' failure to file a brief and his disregard of the court's briefing order, "we find no [sufficient] reason in this record to relieve [James] of his waiver." Holdmann, 834 A.2d at 890.
For the foregoing reasons, Charles M. James, III is disbarred in the District of Columbia.