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IN RE DISCIPLINARY PROCEEDING AGAINST SMITH

No. 200,748-1.

246 P.3d 1224 (2011)

170 Wash.2d 721

In the Matter of the DISCIPLINARY PROCEEDING AGAINST J. David SMITH, an Attorney at Law.

Supreme Court of Washington, En Banc.

Decided January 13, 2011.

Attorney(s) appearing for the Case

J. David Smith , Minoa, NY, Kurt M. Bulmer , Attorney at Law, Seattle, WA, for Petitioner/Appellant.

Scott G. Busby , WSBA, Seattle, WA, for Respondent.

J.M. JOHNSON, J.

¶ 1 This case presents us with the question of whether rule 10.14(c) of the Rules for Enforcement of Lawyer Conduct (ELC), which provides that the record of a civilian criminal conviction is conclusive evidence of the underlying misconduct at an attorney disciplinary proceeding, violates state and federal constitutional requirements. We hold that it does not.

¶ 2 ELC 10.14(c) states that the court record of an attorney's criminal...

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