Rule 18. Attorney Convicted of a Crime

(a) Proof of Conviction. — Except as otherwise provided by these rules, a certified copy of the judgment of conviction from the clerk of any court of criminal jurisdiction indicating that an attorney has been convicted of a crime in that court shall conclusively establish the existence of such conviction for purposes of disciplinary proceedings in this state and shall be conclusive proof of the commission of that crime by the attorney. (b) Duty to Report Conviction. — Every attorney subject to these rules, upon being convicted of a crime, except those misdemeanor traffic offenses or traffic ordinance violations not involving the use of alcohol or drugs, shall notify Bar Counsel in writing of such conviction within fourteen (14) days after the date of the conviction. In addition, the clerk of any court in this state in which the conviction was entered shall transmit to Bar Counsel within fourteen (14) days after the date of the conviction a certified copy of the judgment of conviction. (c) Commencement of Disciplinary Proceedings Upon Notice of Conviction. — Upon receiving notice that an attorney subject to these rules has been convicted of a crime, other than a serious crime as hereinafter defined, Bar Counsel shall, following an investigation as provided in these rules, make a determination as provided by Rule 10(e) or refer the matter to the ROC for further proceedings consistent with Rule 10(f). If the conviction is for a serious crime as hereinafter defined, Bar Counsel shall obtain the record of conviction and prepare and file a formal charge against the respondent as provided in Rule 13. A certified copy of the judgment of conviction of a serious crime as defined in this Rule shall be conclusive evidence of the commission of that crime in a subsequent disciplinary proceeding. h Rule 10(f). If the conviction is for a serious crime as hereinafter defined, Bar Counsel shall obtain the record of conviction and prepare and file a formal charge against the respondent as provided in Rule 13. A certified copy of the judgment of conviction of a serious crime as defined in this Rule shall be conclusive evidence of the commission of that crime in a subsequent disciplinary proceeding. (d) Conviction of a Serious Crime — Immediate Suspension. — Bar Counsel shall report to the Court the name of any attorney who has been convicted of a serious crime, as hereinafter defined. The report shall be in writing and accompanied by a copy of the judgment of conviction. The Court shall thereupon issue an order directing the convicted attorney to show cause why the attorney’s license to practice law should not be immediately suspended pursuant to Rule 17. Upon full consideration of the matter, the Court may either impose immediate suspension for a definite or indefinite period or may discharge the order to show cause. The fact that a convicted attorney is seeking appellate review of the conviction shall not limit the power of the Court to impose immediate suspension. (e) Serious Crime Defined. — The term serious crime as used in these rules shall include: (1) Any felony; and (2) Any lesser crime a necessary element of which, as determined by its statutory or common law definition, involves interference with the administration of justice, false swearing, misrepresentation, fraud, willful extortion, misappropriation, or theft; or an attempt or conspiracy to commit such crime; or solicitation of another to commit such crime. (f) Conviction Defined. — The term conviction as used in these rules shall include any ultimate finding of fact in a criminal proceeding that an individual is guilty of a crime, whether the judgment rests on a verdict of guilty, a plea of guilty, or a plea of nolo contendere, and irrespective of whether entry of judgment or imposition of sentence is suspended or deferred by the court. it such crime. (f) Conviction Defined. — The term conviction as used in these rules shall include any ultimate finding of fact in a criminal proceeding that an individual is guilty of a crime, whether the judgment rests on a verdict of guilty, a plea of guilty, or a plea of nolo contendere, and irrespective of whether entry of judgment or imposition of sentence is suspended or deferred by the court. (g) Notice to Clients and Others of Immediate Suspension. — An order of immediate suspension of an attorney pursuant to this rule shall constitute a suspension of the attorney for the purpose of the provisions of Rule 21. (Adopted February 20, 2015, effective July 1, 2015; amended November 17, 2017, effective February 1, 2018.)