In re Jackson

• Court: District of Columbia Court of Appeals
• Decided: August 31, 2023
• Docket: 23-BG-0554
• Status: Published

Opinion

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DISTRICT OF COLUMBIA COURT OF APPEALS

No. 23-BG-0554

IN RE DARLENE C. JACKSON, RESPONDENT.

A Suspended Member of the Bar of the District of Columbia Court of Appeals (Bar Registration No. 445931)

On Report and Recommendation of the Board on Professional Responsibility

(BDN: 22-BD-020; DDN 2020-171)

(Decided August 31, 2023)

Before MCLEESE and DEAHL, Associate Judges, and WASHINGTON, Senior Judge.

PER CURIAM: The Board on Professional Responsibility recommends that

Darlene C. Jackson be suspended from the practice of law for 60 days with

reinstatement conditioned upon a showing of fitness. Specifically, the Board found

that respondent issued a subpoena in a federal court civil action while discovery was

stayed; disclosed the contents of a sealed settlement agreement; and failed to comply

with local rules and court orders, violating D.C. R. Prof. Conduct 3.4(c). During the

course of the investigation into the charges, respondent failed to respond to

Disciplinary Counsel despite a Board order directing her to do so; therefore, the 2

Board also found that respondent violated D.C. R. Prof. Conduct 8.1(b) (knowing

failure to respond to Disciplinary Counsel), D.C. R. Prof. Conduct 8.4(d) (serious

interference with the administration of justice), and D.C. Bar R. XI, § 2(b)(3) (failure

to comply with Board order). Respondent did not participate in the disciplinary

proceedings and has not filed any exceptions to the Board’s report and

recommendation. Respondent also has not yet filed the required D.C. Bar R. XI,

§ 14(g) affidavit after the court imposed an interim suspension on August 10, 2023.

Under D.C. Bar R. XI, § 9(h)(2), “if no exceptions are filed to the Board’s

report, the [c]ourt will enter an order imposing the discipline recommended by the

Board upon the expiration of the time permitted for filing exceptions.” See also In

re Viehe, 762 A.2d 542, 543 (D.C. 2000) (per curiam) (“When . . . there are no

exceptions to the Board’s report and recommendation, our deferential standard of

review becomes even more deferential.”). Because no exceptions have been filed

and we agree that the Board’s recommended sanction is reasonable and appropriate

for the violations presented here, 1 we accept the recommendation that respondent be

1 See, e.g., In re Padharia, 235 A.3d 747, 748-49 (D.C. 2020) (per curiam) (imposing six-month suspension and conditioning reinstatement on the attorney’s demonstrating his fitness to resume the practice of law for violating D.C. R. Prof. Conduct 3.4(c), 8.1(b), and 8.4(d) where the attorney ignored filing deadlines in 30 3

suspended for sixty days with reinstatement conditioned on demonstrating fitness to

practice law.

Accordingly, it is

ORDERED that respondent Darlene C. Jackson is hereby suspended from the

practice of law in the District of Columbia for 60 days, with reinstatement

conditioned on demonstrating fitness to practice law. Respondent’s attention is

directed to the requirements of D.C. Bar. R. XI, § 14 and their effect on eligibility

for reinstatement. See D.C. Bar. R. XI, § 16(c).

So ordered.

immigration matters, resulting in dismissal of those actions, and failed to respond to Disciplinary Counsel’s inquiries for nearly seven months); In re Wemhoff, 142 A.3d 573, 573-74 (D.C. 2016) (per curiam) (imposing 30-day suspension stayed with one- year probation and additional conditions for violations of D.C. R. Prof. Conduct 3.4(c), 8.4(d) and 1.6(a) where the attorney disclosed client confidences while withdrawing from representation and failed to attend a court-ordered status hearing, but apparently cooperated with Disciplinary Counsel’s investigation); In re Cooper, 936 A.2d 832, 833 (D.C. 2007) (per curiam) (imposing 30-day suspension with fitness requirement for violations of D.C. R. Prof. Conduct 8.1(b) and 8.4(d) and D.C. Bar R. XI, § 2(b)(3)).