N.D.R. Lawyer Discipl.
RULE 4.1.CRIMINAL CONDUCT.
1 A. Certificate of Conviction. The clerk of any court in this state in which a
2 lawyer is convicted of a crime shall within ten days of the conviction certify the
3 conviction to counsel.
4 B. Determination of "Serious Crime
"." Upon being advised that a lawyer
5 subject to the jurisdiction of the court has been convicted of a crime, counsel shall
6 determine whether the crime constitutes a serious crime. If the crime is a serious
7 crime, counsel shall prepare an order for interim suspension and forward it to the
8 court with a certificate or other satisfactory evidence of the conviction. Counsel
9 shall in addition file formal charges against the lawyer predicated upon the
10 conviction. If the crime is not a serious crime, counsel shall process the matter like
11 any other information coming to the attention of the board.
12 C. Definition of "Serious Crime
"." A serious crime is any felony and any
13 lesser crime a necessary element of which, as determined by the statutory or
14 common law definition of the crime, involves interference with the administration
15 of justice, false swearing, misrepresentation, fraud, willful failure to file income
16 tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a
17 conspiracy or solicitation of another to commit any of those crimes.
18 D. Immediate Suspension. Upon
the filing with the court of a certificate or
other satisfactory evidence of conviction demonstrating proof that a lawyer has
20 been convicted or has pled or been found guilty of a serious crime, the court shall
21 enter an order immediately suspending the lawyer
pending final disposition of a
disciplinary proceeding predicated upon the conviction regardless of the pendency
23 of any appeal. Upon
good cause shown a showing of extraordinary circumstances,
24 the court may in the interest of justice set aside or modify
an the interim
based on conviction of serious crime after affording disciplinary
26 counsel and the lawyer notice and an opportunity to be heard.
27 E. Formal Procedure. In formal proceedings after conviction or a plea or
28 finding of guilt for a serious crime, the sole issue is the extent of the final
29 discipline to be imposed. A disciplinary proceeding so instituted will not be
30 brought to hearing until all appeals from the conviction, plea, or finding are
31 concluded, unless the respondent requests that the matter not be deferred.
32 F. Certificate Conclusive. A certificate of a conviction of an attorney for
33 any crime is conclusive evidence of the commission of that crime in any
34 disciplinary proceeding based upon the conviction.
35 G. Automatic Reinstatement. If a lawyer under interim suspension for a
36 serious crime demonstrates that the underlying plea or finding of guilt or
37 conviction has been reversed or vacated, the order for interim suspension must be
38 vacated and the lawyer placed on active status. Vacation of the interim suspension
39 does not automatically terminate any formal proceeding then pending against the
41 Rule 4.1 was adopted effective January 1, 1995, amended effective March
42 1, 2017.
43 Section D was amended effective March 1, 2017 to provide for the
44 suspension of a lawyer upon proof that the lawyer has been convicted or has pled
45 or been found guilty of a serious crime, and to provide that the court may set aside
46 the suspension upon a showing of extraordinary circumstances and after affording
47 counsel and the lawyer notice and an opportunity to be heard.
48 Section E was amended effective March 1, 2017 to add a plea or finding of
49 guilt as a factor in formal proceedings.