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Case Information: 98-BG-1549
Short Caption:IN RE: HUMBERTO HERNANDEZClassification:Bar Governance - Bar - Disciplinary
Superior Court or Agency Case Number:1998-BDN-000418Filed Date:10/29/1998
Opening Event Date:10/29/1998Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:11/08/1999
Argued/Submitted:06/01/2000
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerDisciplinary CounselN
Michael S. FrischNY
Joyce E. Peters NN
PetitionerBoard on Professional ResponsibilityN
RespondentHumberto Hernandez NPro SeN

Events
Event DateStatusDescriptionResultPDF
10/29/1998DISCIPLINARY LETTER from the Office of Bar Counsel with a certified copy of a record of the USDC for the Southern District of Florida reflecting that Humberto Hernandez, a member of the DC Bar, plead guilty to conspiracy to commit bank fraud, mail fraud, wire fraud and false statement to a federally insured financial institution in order to secure mortgage financing,in violation of 18 U.S.C. SS 371.
11/16/1998ORDER It appearing that the Court has received a certified copy of a record reflecting a plea of guilty in the United States District Court for the Southern District of Florida, and an order of the Supreme Court of Florida suspending respondent, it is accordingly, ORDERED, pursuant to Rule XI, Sec 10 (c) of the Rules Governing the Bar of the District of Columbia, that the respondent, Humberto Hernandez, is suspended from the practice of law in the District of Columbia, and the Board on Professional Responsibility is directed to institute a formal proceeding for determination of the nature of the final discipline to be imposed, and specifically to review the elements of the offense for the purpose of determining whether the elements of the offense for the purpose of determining whether or not the crime involves moral turpitude within the meaning of D.C. Code Sec 11-2503 (a). Respondent's attention is drawn to the requirements of D.C. Bar Rule XI, Sec 14 relating to suspended attorneys and to the provisions of Sec 16 (c) dealing with the timing of eligibility for reinstatement as related to compliance with Sec 14, including the filing of the required affidavit. It is FURTHER ORDERED, pursuant to Rule XI, Sec 11 (d) of the Rules Governing the Bar of the District of Columbia, that Bar Counsel inform the Board on Professional REsponsibility of his position regarding reciprocal discipline within 30 days of the date of this order. Thereafter, respondent shall show cause before the Board, if cause there be, within 10 days why identical, greater or lesser discipline should not be imposed in the District of Columbia. It is FURTHER ORDERED that the Board is directed to recommend promptly thereafter to this Court whether identical, greater or lesser discipline should be imposed as reciprocal discipline or whether the Board instead elects to proceed de novo pursuant to Rule XI, Sec 11. It is FURTHER ORDERED, that the Clerk shall cause a copy of this order, the record reflecting the guilty plea in the United States District Court for the Southern District of Florida and the order of the Supreme Court of Florida to be directed to the Chair of the Board and transmitted to respondent. It is FURTHER ORDERED that Bar Counsel advise the Court if the matter is concluded without the necessity of further Court action. (AMW)
11/23/1998LETTER from the Office of Bar Counsel with a new address for respondent: Humberto Hernandez Reg. No. 50330-004, Federal Detention Center Miami, P.O. Box 019120, Miami, FL 33101-9120.
01/14/1999LETTER from the Office of Bar Counsel with a certified copy of an Order of the Circuit Court for the Eleventh Judicial Circuit of Dade County, Florida sentencing respondent to a prison term of 364 days for his conviction of Fla. Sta. SS 777.03(accessory after the fact).
02/02/1999ORDER It appearing that the Court has received a certified copy of a sentencing order of the Circuit Court of the Eleventh Judicial Circuit of Dade County, Florida, it is accordingly, ORDERED, pursuant to D.C. Bar R. XI, Sec 10 (c) of the Rules Governing the Bar of the District of Columbia, that the respondent, Humberto Hernandez, is suspended from the practice of law in the District of Columbia, and the Board on Professional Responsibility is directed to institute a formal proceeding for determination of the nature of the final discipline to be imposed and specifically to review the elements of the offense for the purpose of determining whether or not the crime involves moral turpitude with the meaning of D.C. Code Sec 11-2503 (a), in conjunction wiht the order of the Court herein entered November 16, 1998. It is FURTHER ORDERED that Bar Counsel shall advise the Court if the matter is concluded without the necessity of further Court action. (AMW)
06/04/1999RECEIVED from the Office of Bar Counsel certified copy of a judgment entered against respondent fromthe United States District Court for the Southern District of Florida.
10/08/1999REPORT AND RECOMMENDATION OF BOARD ON PROF. RESP. that respondent be disbarred pursuant to D.C. Code Sec 11-2503 (a) for his conviction of a crime of moral turpitude. The related reciprocal discipline matter should be dismissed as moot. The Board further recommends that the proceeding based on respondent's criminal conviction of accessory after the fact be dismissed, subject to consideration of the underlying circumstances of the conviction of he seeks reinstatement. The time of respondent's disbarment should run from the date he complies with the requirements of D.C. Bar R. XI, Sec 14.
10/12/1999LETTER from the Office of Bar Counsel taking no exceptions to the Report and Recommendation of the Board on Professional Responsibility. We note that respondent has failed to file the affidavit required by D.C. Bar R. XI, Sec 14 (g).
11/08/1999BRIEFS COMPLETED
11/15/1999FINAL SCREENING - SUMMARY CALENDAR I
05/01/2000CALENDAR NOTICE SENT
06/01/2000FiledACTION - Argued / Submitted
06/01/2000SUBMITTED (SC,RD,BE)
06/08/2000DISBARMENT Accordingly, we adopt the recommendation of the Board, and Humberto Hernandez is hereby disbarred. (By SC, RD, BE)
07/03/2000LETTER from Bar Counsel advising that respondent has not filed the affidavit required by D.C. Bar R. XI, Sec 14 (g). Thus, the order of disbarment entered on June 8, 2000 should not be deemed to commence, for reinstatement purposes only, until respondent files an affidavit and satisfies the requirements of the Rule.