Disbarment Mandatory with Moral Turpitude Failing (MORE, CLICK HERE)

Court Disbars 'Scooter' Libby
(AP) WASHINGTON - WTOP - March 20, 2008

I. Lewis "Scooter" Libby Jr. (AP) WASHINGTON - I. Lewis "Scooter" Libby Jr., the former chief of staff to Vice President Dick Cheney, has been disbarred. In an order released by the D.C. Court of Appeals, a three-judge panel stripped Libby of his ability to practice law after he was found guilty last year of obstructing the investigation in the CIA leak investigation.

"When a member of the Bar is convicted of an offense involving moral turpitude, disbarment is mandatory," reads the ruling, citing D.C. Code. Last March, the former White House assistant also was found guilty of perjury and making false statements. President Bush commuted Libby's 2 1/2 year federal prison sentence but did not pardon him.

Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes go to press.

DISTRICT OF COLUMBIA COURT OF APPEALS No. 07-BG-179 IN RE I. LEWIS LIBBY, JR., RESPONDENT. A Member of the Bar of the District of Columbia Court of Appeals (Bar Registration No. 950758) On Report and Recommendation of the Board on Professional Responsibility (BD No. 372-05) (Submitted March 6, 2008 - Decided March 20, 2008)

Before FISHER and BLACKBURNE-RIGSBY, Associate Judges, and WAGNER, Senior Judge.

PER CURIAM: Respondent, I. Lewis Libby, Jr., was found guilty after a jury trial in the United States District Court for the District of Columbia of the following felony offenses: one count of obstruction of justice (18 U.S.C. § 1503), one count of making false statements to the Federal Bureau of Investigation (18 U.S.C. § 1001 (a)(2)), and two counts of perjury (18 U.S.C. § 1623). After notification of respondent’s convictions, this court suspended respondent from the practice of law and directed the Board on Professional Responsibility (the Board) to institute a formal proceeding and determine whether respondent’s crimes involved moral turpitude per se. Having concluded that respondent was convicted of crimes involving moral turpitude per se, the Board filed with the court a Report and Recommendation that respondent be disbarred if his convictions were sustained on appeal. Subsequently, this court received a certified copy of an order of the United States Court of Appeals for the District of Columbia Circuit dismissing respondent’s appeal upon his motion for voluntary dismissal. Therefore, this disciplinary matter is ripe for final action.

The records of the court reflect that respondent filed with this court an “Affidavit 1 of Compliance with D.C. Bar Rule XI, § 14” on June 12, 2007. When a member of the Bar is convicted of an offense involving moral turpitude, disbarment is mandatory. D.C. Code § 11-2503 (a) (2001). When convictions on more than one count are involved, disbarment is mandated if any one of them involves moral turpitude.

In re Lipari, 704 A.2d 851, 852 (D.C. 1997) (citation omitted). This court has held that obstruction of justice (18 U.S.C. § 1503) and perjury (18 U.S.C. § 1623) are crimes of moral turpitude per se. In re Gormley, 793 A.2d 469, 470 (D.C. 2002) (citations omitted). Since respondent was convicted of each of these offenses, as the Board concluded, disbarment is mandatory under D.C. Code § 11-2503 (a). Neither Bar Counsel nor respondent has taken exception to the Board’s Report and Recommendation. Accordingly, it is hereby ORDERED that I. Lewis Libby, Jr. is disbarred from the practice of law in the District of Columbia, and his name shall be stricken from the roll of attorneys authorized to practice before this court.

It is FURTHER ORDERED that for purposes of reinstatement respondent’s disbarment will run from the date on which he filed an affidavit which conforms to the requirements of D.C. Bar R. XI, § 14 (g).1   So ordered.