A. Certificate of Conviction. The clerk of any court in this state in which a lawyer is convicted of
a crime shall within ten days of the conviction certify the conviction to counsel.
B. Determination of "Serious Crime"..”Upon being advised that a lawyer subject to the jurisdiction
of the court has been convicted of a crime, counsel shall determine whether the crime constitutes a
serious crime. If the crime is a serious crime, counsel shall prepare an order for interim suspension
and forward it to the court with a certificate or other satisfactory evidence of the conviction. Counsel
shall in addition file formal charges against the lawyer predicated upon the conviction. If the crime
is not a serious crime, counsel shall process the matter like any other information coming to the
attention of the board.
C. Definition of "Serious Crime"..”A serious crime is any felony and any lesser crime a necessary
element of which, as determined by the statutory or common law definition of the crime, involves
interference with the administration of justice, false swearing, misrepresentation, fraud, willful
failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or
a conspiracy or solicitation of another to commit any of those crimes.
D. Immediate Suspension. Upon the filing with the court of a certificate or other satisfactory
evidence of conviction demonstratingproof that a lawyer has been convicted or has pled or been
found guilty of a serious crime, the court shall enter an order immediately suspending the lawyer
pending final disposition of a disciplinary proceeding predicated upon the convictionregardless of
the pendency of any appeal. Upon good cause showna showing of extraordinary circumstances, the
court may in the interest of justice set aside or modify anthe interim suspension based on conviction
of serious crimeafter affording counsel and the lawyer notice and an opportunity to be heard.
E. Formal Procedure. In formal proceedings after conviction ora plea or finding of guilt for a serious
crime, the sole issue is the extent of the final discipline to be imposed. A disciplinary proceeding so
instituted will not be brought to hearing until all appeals from the conviction, plea, orfinding are
concluded, unless the respondent requests that the matter not be deferred.
F. Certificate Conclusive. A certificate of a conviction of an attorney for any crime is conclusive
evidence of the commission of that crime in any disciplinary proceeding based upon the conviction.
G. Automatic Reinstatement. If a lawyer under interim suspension for a serious crime demonstrates
that the underlying plea or finding of guilt or conviction has been reversed or vacated, the order for
interim suspension must be vacated and the lawyer placed on active status. Vacation of the interim
suspension does not automatically terminate any formal proceeding then pending against the lawyer.
Rule 4.1 was adopted effective January 1, 1995, amended effective ___________.
Section D was amended effective ____________ to provide for the suspension of a lawyer upon
proof that the lawyer has been convicted or has pled or been found guilty of a serious crime, and to
provide that the court may set aside the suspension upon a showing of extraordinary circumstances
and after affording counsel and the lawyer notice and an opportunity to be heard.
Section E was amended effective ____________ to add a plea or finding of guilt as a factor in formal