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In re Bewig

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Submitted January 8, 2002

This matter is before the court on the recommendation of the Board on Professional Responsibility (the “Board”) to disbar respondent pursuant to D.C. Code � 11-2503 (a) (1995) for conviction of a crime involving moral turpitude. Respondent pled guilty in the Superior Court to misdemeanor sexual contact in violation of D.C. Code � 22-4106 (1996). Respondent’s conviction was reported to this court, and on March 15, 1999, we issued an order setting forth our conclusion that the misdemeanor did not constitute a “serious crime” as defined by D.C. App. R. XI, � 10 (b). *fn1 The order referred the matter to the Board for further proceedings consistent with D.C. App. R. XI, � 8. The Board determined that respondent committed a crime of moral turpitude on the facts, and also found that the underlying conduct violated Rule 8.4 (b) of the D.C. Rules of Professional Conduct (commission of criminal act that reflects adversely on lawyer’s honesty, trustworthiness or fitness). For the reasons that follow, we accept the Board’s recommendation.

The Board followed the procedure for determining whether the misdemeanor offense to which a respondent has pled guilty involves moral turpitude where the attorney’s mental state is to some degree impaired, which we set forth in In re Spiridon, 755 A.2d 463 (D.C. 2000). The Board concluded that respondent’s crime involved moral turpitude because the evidence demonstrated that respondent sufficiently understood the wrongfulness of his behavior and was aware that the minor victim was legally incapable of consent, and thus respondent was not sufficiently impaired to warrant consideration under In re Kersey, 520 A.2d 321 (D.C. 1987), and its progeny. The Board, accordingly, recommends respondent’s disbarrment, a recommendation that neither the respondent nor Bar Counsel contests.

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