On Report and Recommendation of the Board on Professional Responsibility (BDN 372-07)
Before: GLICKMAN, Associate Judge, FARRELL, Associate Judge, Retired, and SCHWELB, Senior Judge.
In this reciprocal disciplinary proceeding, the Board on Professional Responsibility ("Board") has recommended that reciprocal and identical discipline of disbarrment be imposed on respondent Monica M. Turnbo.*fn1 No exceptions to the Board's Report and Recommendation have been filed.
On October 4, 2007, the Court of Appeals of Maryland granted a joint petition for disbarrment by consent and disbarred respondent for various violations of the Maryland Rules of Professional Conduct,*fn2 including the commingling of funds and misuse of trust account funds. Respondent did not notify this court, but on December 12, 2007, Bar Counsel filed a certified copy of the Maryland disbarrment with this court, and on January 3, 2008, the court suspended respondent on an interim basis. Bar Counsel subsequently filed a statement recommending the imposition of identical reciprocal discipline of disbarrment. Respondent did not file a statement in response. The Board recommends disbarrment.
Where neither Bar Counsel nor the respondent opposes identical discipline, "'the most the Board should consider itself obliged to do . . . is to review the foreign proceeding sufficiently to satisfy itself that no obvious miscarriage of justice would result in the imposition of identical discipline - a situation that we anticipate would rarely, if ever, present itself.'" In re Childress, 811 A.2d 805, 807 (D.C. 2002) (quoting In re Spann, 711 A.2d 1262, 1265 (D.C. 1998)). Here, there was no miscarriage of justice, as respondent received due process in the Maryland proceeding. She was represented by counsel in that proceeding, she conceded that sufficient evidence could be produced to sustain the charges, and she consented to disbarrment in a joint petition for disbarrment.
A rebuttable presumption exists that "the discipline will be the same in the District of Columbia as it was in the original disciplining jurisdiction." In re Goldsborough, 654 A.2d 1285, 1287 (D.C. 1995) (quoting In re Zilberberg, 612 A.2d 832, 834 (D.C. 1992)). And, as respondent's misconduct includes misappropriation, that alone warrants disbarrment in this jurisdiction. See In re Carlson, 802 A.2d 341, 348 (D.C. 2002) (citing In re Addams, 579 A.2d 190, 191 (D.C. 1990) (en banc)). As we find support in the record for the Board's findings, we accept them and adopt the sanction the Board recommends. Accordingly, it is
ORDERED that Monica M. Turnbo is hereby disbarred from the practice of law in the District of Columbia. Respondent's disbarrment shall run, for the purpose of reinstatement, from the date she files the affidavit required by D.C. Bar R. XI, § 14 (g). See In re Slosberg, 650 A.2d 1329, 1331 (D.C. 1994).