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In re Bailey

July 23, 2009

IN RE PATRICK E. BAILEY, RESPONDENT.
A MEMBER OF THE BAR OF THE DISTRICT OF COLUMBIA COURT OF APPEALS (BAR REGISTRATION NO. 447132)



The opinion of the court was delivered by: Kramer, Associate Judge

On Report and Recommendation of the Board on Professional Responsibility

(BDN 220-05)

Argued May 2, 2007

Before KRAMER, FISHER, and THOMPSON, Associate Judges.

This reciprocal discipline matter stems from respondent's suspension from the practice of law by Virginia for three years, effective April 19, 2005, for violating Rule 8.1 (a) of the Virginia Rules of Professional Conduct.*fn1 We adopt the recommendation of our Board on Professional Responsibility of a reciprocal three-year suspension. For the purposes of reinstatement, the suspension will be deemed to begin on the date respondent satisfactorily complies with D.C. Bar Rule XI, § 14 (g).

The instant case arises from respondent's application for admission by motion to the Virginia State Bar. On November 22, 2000, respondent submitted a sworn Applicant's Character and Fitness Questionnaire ("Virginia questionnaire") to the Virginia Board of Bar Examiners. Respondent answered "No" to each of the following questions:

11. (a) State whether you have ever been, or presently are, a party to or otherwise involved (except as a witness) in:

(1) any civil or administrative action or legal proceeding;

(2) any criminal or quasi-criminal action or legal proceeding (whether involving a felony, misdemeanor, minor misdemeanor, or any traffic offense);

(b) Have you ever been summoned for a violation of any other statute, regulation, or ordinance?

The following text appeared at the end of question 11:

If your answer to any question above is 'Yes,' attach a separate sheet of paper, identified in accordance with the instructions of the first page hereof, on which you set forth the facts in detail, designating by letter the portion of the question to which you refer. If any court or agency proceedings were involved, state the names, case numbers, and dates of all court or agency proceedings, including an accurate description of the ORIGINAL CHARGE, regardless of a finding of guilt of a lesser offense or a complete dismissal; the dispositions made thereof; the names and addresses of the courts or agencies in which the record may be found; and name and address of your legal counsel in each proceeding. Non-disclosure of a criminal charge is allowable only when the charge has been expunged in accordance with applicable state law.

The introductory instructions to the questionnaire elsewhere stated:

If you have any doubts about whether any matter should be reported on this questionnaire, report it. If you are not sure of dates, time, places, or other information requested, it is your responsibility to consult the court, governmental agency, or other entity ...


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