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In re Harper

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On Report and Recommendation of the Board on Professional Responsibility

Argued October 22, 2001

The Board on Professional Responsibility has recommended that respondent be disbarred as reciprocal discipline for his disbarrment by the Court of Appeals of Maryland. The “most significant and[, indeed, the] controlling factor” in the Board’s recommendation is that respondent took no part in the proceeding before the Board, a fact that we have held restricts the Board’s consideration of the propriety of imposing reciprocal discipline. See In re Spann, 711 A.2d 1262, 1265 (D.C. 1998). In this court, respondent urges us to excuse his failure to oppose reciprocal disbarrment at the Board level as the result of good faith confusion on his part about the process leading to a Board recommendation of reciprocal discipline. And as evidence of the injustice he believes a conclusion that he substantially defaulted his right to oppose that discipline would cause him, he points to the misgivings the Board itself had as to whether disbarrment in the District would have been commensurate with his misconduct, even as a reciprocal matter, had he seasonably opposed the discipline.

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