ELC 7.1
        INTERIM SUSPENSION FOR CONVICTION OF A CRIME


(a) Definitions.

  (1) "Conviction" for the purposes of this rule occurs
     upon entry of a plea of guilty, unless the defendant
     affirmatively shows that the plea was not accepted or
     was withdrawn, or upon entry of a finding or verdict of
     guilty, unless the defendant affirmatively shows that
     judgment was arrested or a new trial granted.

  (2) "Serious crime" includes any:

     (A) felony;

     (B) crime a necessary element of which, as determined
         by its statutory or common law definition, includes
         any of the following:

        · interference with the administration of justice;
        · false swearing;
        · misrepresentation;
        · fraud;
        · deceit;
        · bribery;
        · extortion;
        · misappropriation; or
        · theft; or

     (C) attempt, or a conspiracy, or solicitation of
         another, to commit a "serious crime".

(b) Court Clerk To Advise Association of Conviction.  When a
lawyer is convicted of a crime, the clerk of the court must
advise the Association of the conviction, and on request
provide the Association with certified copies of any order
or other document showing the conviction.

(c) Procedure upon Conviction.

  (1) If a lawyer is convicted of a felony, disciplinary
     counsel must file a formal complaint regarding the
     conviction.  Disciplinary counsel must also petition
     the Supreme Court for an order suspending the
     respondent lawyer during the pendency of disciplinary
     proceedings.  The petition for suspension may be filed
     before the formal complaint.

  (2) If a lawyer is convicted of a crime that is not a
     felony, disciplinary counsel may refer the matter to a
     review committee to determine whether the crime is a
     serious crime.  If so, disciplinary counsel proceeds in
     the same manner as for a felony.

  (3) If a lawyer is convicted of a crime that is neither a
     felony nor a serious crime, the review committee
     considers a report of the conviction in the same manner
     as any other report of possible misconduct by a lawyer.

(d) Petition.  A petition to the Supreme Court for
suspension under this rule must include a copy of any
available document establishing the fact of conviction.  If
the crime is not a felony, the petition must also include a
copy of the review committee order finding that the crime is
a serious crime.  Disciplinary counsel may also include
additional facts, statements, arguments, affidavits, and
documents in the petition.  A copy of the petition must be
personally served on the respondent, and proof of service
filed with the Court.

(e) Immediate Interim Suspension.  Upon the filing of a
petition for suspension under this rule, the Court
determines whether the crime constitutes a serious crime as
defined in section (a).

  (1) If the crime is a felony, the Court must enter an
     order immediately suspending the respondent from the
     practice of law.

  (2) If the crime is not a felony, the Court conducts a
     show cause proceeding under rule 7.2(b) to determine if
     the crime is a serious crime.  If the Court determines
     the crime is a serious crime, the Court must enter an
     order immediately suspending the respondent from the
     practice of law.  If the Court determines that the
     crime is not a serious crime, upon being so advised,
     the Association processes the matter as it would any
     other grievance.

  (3) If suspended, the respondent must comply with
     title 14.

  (4) Suspension under this rule occurs:

     (A) whether the conviction was under a law of this
         state, any other state, or the United States;

     (B) whether the conviction was after a plea of guilty,
         nolo contendere, not guilty, or otherwise; and

     (C) regardless of the pendency of an appeal.

(f) Duration of Suspension.  A suspension under this rule
must terminate when the disciplinary proceeding is fully
completed, after appeal or otherwise.

(g) Termination of Suspension.

  (1) Petition and Response.  A respondent may at any
     time petition the Board to recommend termination of an
     interim suspension.  Disciplinary counsel may file a
     response to the petition.  The Chair may direct
     disciplinary counsel to investigate as appears
     appropriate.

  (2) Board Recommendation.  If either party requests,
     the Board must hear oral argument on the petition at a
     time and place and under terms as the Chair directs.
     The Board may recommend termination of a suspension
     only if the Board makes an affirmative finding of good
     cause to do so.  There is no right of appeal from a
     Board decision declining to recommend termination of a
     suspension.

  (3) Court Action.  The Court determines the procedure
     for its consideration of a recommendation to terminate
     a suspension.

(h) Notice of Dismissal to Supreme Court.  If disciplinary
counsel has filed a petition for suspension under this rule,
and the disciplinary proceedings based on the criminal
conviction are dismissed, the Supreme Court must be provided
a copy of the decision granting dismissal whether or not the
respondent is suspended at the time of dismissal.


[Adopted effective October 1, 2002.]