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Case Information: 09-BG-0616
Short Caption:IN RE: JAMES Q. BUTLERClassification:Bar Governance - Bar - Disciplinary Original
Superior Court or Agency Case Number:BDN311-07, ET ALFiled Date:05/29/2009

Opening Event Date:05/29/2009Case Status:Closed
Record Completed:Post-Decision Matter Pending:
Briefs Completed:
Argued/Submitted:
Disposition:Next Scheduled Action:
Mandate Issued:

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerBar CounselN
Wallace E. Shipp NN
Elizabeth A. HermanNY
PetitionerBoard on Professional ResponsibilityN
Charles J. WilloughbyNN
Elizabeth J. Branda NN
RespondentJames Q. Butler NPro SeN

Events
Event DateStatusDescriptionResultPDF
05/29/2009PETITION FOR TEMPORARY SUSPENSION of Bar Counsel on behalf of the Board on Professional Responsibility for order of temporary suspension.
06/01/2009PETITIONER'S MISCELLANEOUS SUBSTANTIVE MOTION of the Board on Professional Responsibility for leave to file appendix under seal.
06/03/2009RECEIVED a corrected certificate of service to the verified petition of Bar Counsel on behalf of the BPR, for an order of temporary suspension.
06/10/2009RESPONDENT'S OPPOSITION to verified motion of Bar Counsel for order of temporary suspension.
06/15/2009PETITIONER'S MISCELLANEOUS PROCEDURAL MOTION OF THE BOARD ON PROFESSIONAL RESPONSIBILITY FOR LEAVE TO FILE REPLY BRIEF UNDER SEAL.
06/15/2009RECEIVED REPLY BRIEF (BPR)
07/08/2009ORDER On consideration of the petition of the Board on Professional Responsibility (the Board), by Bar Counsel, pursuant to D.C. Bar Rule XI, Sec 3 (c), for a temporary suspension of respondent, James Q. Butler, a member of the Bar of the District of Columbia, Bar Counsel's verified motion before the Board, with attachments, requesting that the Board petition this Court for an order temporarily suspending respondent, the Board's motion to file the confidential appendix under seal, Bar Counsel's notice of filing of corrected certificate of service, respondent's opposition to verified motion of Bar Counsel for order of temporary suspension and request for oral argument, and the motion of the Board for leave to file reply brief under seal, itis ORDERED that the Board on Professional Responsibility's (the Board) motion to file the confidential appendix under seal is granted and the Clerk is directed to file the appendix under seal, it is FURTHER ORDERED that the Board's motion for leave to file reply brief under seal is granted and the Clerk is directed to file the reply brief under seal, it is FURTHER ORDERED that respondent's motion for oral argument is denied, it is FURTHER ORDERED that respondent's motion for oral argument is denied, it is FURTHER ORDERED that the petition is granted and respondent James Q. Butler is hereby temmporarily suspended from the practice of law in the District of Columbia, effective immediately on the ground that he appears to pose a substantial threat of serious harm to the public, and it is FURTHER ORDERED that James Q. Butler is required to disclose to the Board and Bar Counsel within ten (10) days of the date of this order the identify of all accounts where he maintains funds subject to Rules 1.15 and 1.19 of the District of Columbia Rules of Professional Conduct (Rules); and it is FURTHER ORDERED that James Q. Butler's maintenance and use of such accounts is restricted to the extent that, effective immediately upon service of this order upon James Q. Butler, and until further order of the Court, he (1) shall comply fully with the requirement of Rule 1.15 and (2) shall disburse funds subject to the rule only with the prior approval and co-signature of such member of the Bar as the Board may designate to serve as financial monitor and it is FURTHER ORDERED that Bar Counsel shall serve copies of this order upon James Q. Butler, and upon each financial institution in which he is known or believed to maintain funds subject to Rules 1.15 and 1.19, such order to serve as an injunction barring each financial institution so served from making payments from the account on any obligation except with the prior approval and co-signature of the financial monitor referred to in the preceding paragraph of this order; and it is FURTHER ORDERED that James Q. Butler shall comply with the provisions of D.C. Bar Rule XI, Sec 3 (c), concerning (1) the representation of existing clients during the 30-day period after the issuance of this order; (2) the prohibition of the acceptance of new case and other legal matters, and (3) the deposit, in a trust account complyiing with the provisions of Rule 1.15 of any and all fees tendered at any time after service of this order upon him, and it is FURTHER ORDERED that James Q. Butler's attention is drawn to the requirements of D.C. Bar Rule XI, Sec 14, relating to suspended attorneys and to the provisions of D.C. Bar Rule XI, Sec 16 (c) dealing with the timing of eligibility for reinstatement as related to compliance with D.C. Bar Rule XI, Sec 14, including the filing of the required affidavit. (RZ,GL,TE)
07/31/2009LETTER from respondent advising the court of his suspension.
07/31/2009AFFIDAVIT of respondent Sec 14
09/24/2009PETITIONER'S MISCELLANEOUS PROCEDURAL MOTION for order to show cause.
10/05/2009ORDER On consideration of Bar Counsel's motion ofr order to show cause, and Bar Counsel's unopposed motion to withdraw Bar Counsel's motion for order to show cause, it is pursuant to D.C. Code Sec 11-741 (a) ORDERED that Bar Counsel's motion is granted and Bar Counsel's motion for order to show cause is hereby withdrawn. (GP)
10/16/2009REPORT AND RECOMMENDATION OF BOARD ON PROF. RESP. that the court enter an order disbarring respondent on consent pursuant to D.C. Bar R. XI, Sec 12 (b). On July 31, 2009, respondent filed an affidavit pursuant to D.C. Bar R. XI. Sec 14 (g). Bar Counsel has not objected t the affidavit as non-compliant, and based on our review, we conclude that it meets the requirements of Sec 14 (g). Thus, we recommend that the period of disbarment should run, for purposes of reinstatement, from July 31, 2009, the date that the affidavit was filed.
11/05/2009DISBARRED ON CONSENT ORDERED that the said James Q. Butler is hereby disbarred by consent effective forthwith. The effective date of respondent's disbarment should run, for reinstatement purposes, from July 31, 2009, the date that respondent filed the affidavit in compliance with D.C. Bar Rule XI, Sec 14 (g). The clerk shall publish this order, but the affidavit shall not be publicly disclosed or otherwise made available except upon order of the Court or upon written consent of the respondent. The Clerk shall cause a copy of this order to be transmitted to the Chairman of the Board on Professional Responsibility and to the respondent, thereby giving him notice of the provisions of Rule XI, Secs 14 and 16, which set forth certain rights and responsibilities of disbarred attorneys and the effect of failure to comply therewith. (GL, TH, NE)
11/06/2009RECEIVED a copy of a letter to respondent from the Board regarding the report and recommendation being returned marked return to sender.