IN RE KELLY A. CROSS ( 2017 )

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DISTRICT OF COLUMBIA COURT OF APPEALS
No. 10-BG-200
IN RE KELLY A. CROSS, RESPONDENT.
A Suspended Member of the Bar
of the District of Columbia Court of Appeals
(Bar Registration No. 500189)
On Report and Recommendation
of the Board on Professional Responsibility
(BDN-476-09)
(Submitted March 6, 2017 Decided March 16, 2017)
Before GLICKMAN, FISHER, and THOMPSON, Associate Judges.
PER CURIAM: Respondent Kelly A. Cross pleaded guilty in 2009 to one
count of misdemeanor video voyeurism in violation of D.C. Code § 22-3531 (c)
(2012 Repl.), after he secretly taped a man who was undressing in the locker room
of a gym. The Board on Professional Responsibility (“the Board”) determined that
Mr. Cross had committed a crime of moral turpitude on the facts. The Board also
found that Mr. Cross had violated Rules 8.4 (b) and 8.4 (c) of the District of
Columbia Rules of Professional Conduct. It recommends that Mr. Cross be
disbarred pursuant to D.C. Code § 11-2503 (a) (2012 Repl.), which requires
2
disbarment when a member of the Bar is convicted of a crime involving moral
turpitude.1
Under D.C. Bar R. XI, § 9 (h)(2), “if no exceptions are filed to the Board’s
report, the Court 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) (“When . . . there are no exceptions to
the Board’s report and recommendation, our deferential standard of review
becomes even more deferential.”). Neither Mr. Cross nor Disciplinary Counsel has
filed an exception to the Board’s Report and Recommendation.
Accordingly, it is ORDERED that Kelly A. Cross is disbarred from the
practice of law in the District of Columbia. We direct Mr. Cross’s attention to the
requirements of D.C. Bar R. XI, § 14 (relating to disbarred and suspended
attorneys) and § 16 (relating to eligibility for reinstatement).
So ordered.
1
Following the issuance of an order to show cause—to which Mr. Cross
never responded—we suspended him from the practice of law in the District of
Columbia pending final disposition of this proceeding.