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In re Kinnane

DISTRICT OF COLUMBIA COURT OF APPEALS


July 19, 2007

IN RE THOMAS W. KINNANE, RESPONDENT.
A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS (BAR REGISTRATION NO. 479416)

On Report and Recommendation of the Board on Professional Responsibility (BDN 427-05).

Per curiam.

Submitted June 26, 2007

Before WASHINGTON, Chief Judge, GLICKMAN, Associate Judge, and NEBEKER, Senior Judge.

On December 23, 2005, the Maryland Court of Appeals disbarred the respondent, Thomas W. Kinnane, a member of the Bar of this court, for violations of Maryland Rules Prof. Cond. 1.5 (e), and 8.4 (b)-(c). Following a hearing at which respondent appeared, participated, and submitted a stipulation of facts, it was found that he had improperly split a fee, had been found guilty of felony theft, and had engaged in conduct that involved dishonesty and misrepresentation. The Maryland Court of Appeals overruled his exceptions, affirmed the hearing court's findings of fact, and, as noted, ordered him disbarred.*fn1

Bar Counsel reported respondent's disbarrment to this court, and on May 3, 2006, we suspended him pursuant to D.C. Bar R. XI, § 11 (d) and referred the matter to the Board on Professional Responsibility ("Board"). The Board now recommends the court impose identical reciprocal discipline. Bar Counsel has informed the court that he takes no exception to the Board's report and recommendation, and respondent has not filed a response or participated in this reciprocal discipline proceeding.

Because of the rebuttable presumption strongly favoring identical reciprocal discipline, see In re Cole, 809 A.2d 1226, 1227 n.3 (D.C. 2002); D.C. Bar R. XI, § 11 (f), the lack of anything in the record to indicate that reciprocal discipline is inappropriate, see D.C. Bar R. XI, § 11 (c), and the great deference we give to the Board when its recommendation is unopposed, see id. § 11 (f), we hereby adopt its recommendations, and it is,

ORDERED that Thomas W. Kinnane is disbarred from the practice of law in the District of Columbia, and his name shall be stricken from the roll of attorneys authorized to practice before this court. For the purposes of reinstatement, respondent's disbarrment will run from the date that he files an affidavit which conforms to the requirements of D.C. Bar R. XI, § 14 (g).

So ordered.


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