In re Jejomar Untalan

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DISTRICT OF COLUMBIA COURT OF APPEALS
No. 17-BG-202
IN RE JEJOMAR UNTALAN, RESPONDENT.
A Member of the Bar of the District of Columbia Court of Appeals
(Bar Registration No. 978229)
On Report and Recommendation
Of the Board on Professional Responsibility
(BDN 081-13)
(Board Docket No. 15-BD-024)
(Decided December 7, 2017)
Before FISHER and EASTERLY, Associate Judges, and NEBEKER, Senior
Judge.
PER CURIAM: In this case, the Board on Professional Responsibility has
adopted the Ad Hoc Hearing Committee’s uncontested findings that respondent
Jejomar Untalan ignored multiple orders of this court to file a brief in each of
seven separate criminal or juvenile matters in which he had been appointed as
counsel pursuant to the Criminal Justice Act (CJA). The Board has also accepted
the Ad Hoc Hearing Committee’s consideration of certain mitigating evidence:
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Mr. Untalan’s stress related to marital difficulties; his lack of prior disciplinary
issues; and his steps to voluntarily close his practice, transfer his remaining cases,
and assist in the transfer of client records.
In light of this record, the Board recommends that this court determine that
Mr. Untalan violated District of Columbia Rules of Professional Conduct 1.1 (a),
1.1 (b), 1.3 (a), 1.3 (b)(1), 1.3 (c), 3.4 (c), and 8.4 (d). The Board further
recommends that Mr. Untalan be suspended for a period of six months, all but
sixty days stayed in favor of a one-year period of probation subject to the
following conditions: Mr. Untalan shall (1) notify Disciplinary Counsel and the
Board at least ninety days prior to resuming the practice of law; (2) consult with
the D.C. Bar’s Lawyer Assistance Program at least once during the probationary
period and waive confidentiality to allow Disciplinary Counsel to confirm
compliance; (3) undergo an assessment by the D.C. Bar’s Director for the Practice
Management Advisory Service, or his designee, implement any recommendations,
and sign a limited waiver permitting the program to confirm compliance with this
condition and cooperation with the assessment process; (4) not commit any
additional Rule violations during the period of probation; and (5) report to a
practice monitor and waive confidentiality to permit Disciplinary Counsel to
confirm his compliance with the monitoring condition if he resumes the practice of
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law during the period of probation. Neither Mr. Untalan nor Disciplinary Counsel
has filed an exception to the Board’s Report and Recommendations.
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) (“When . . . there are no exceptions to the
Board’s report and recommendation, our deferential standard of review becomes
even more deferential.”). We discern no reason to depart from the Board’s
recommendations, particularly in light of our previous determination that the
extended neglect of CJA clients demonstrates a failure to competently, diligently,
and zealously represent one’s clients, and a failure to respond to court orders
interferes with the administration of justice and justifies the discipline
recommended by the Board. See, e.g., In re Murdter, 131 A.3d 355, 357 (D.C.
2016); In re Askew, 96 A.3d 52,60 (D.C. 2014).
Accordingly, it is
ORDERED that Jejomar Untalan is hereby suspended from the practice of
law in the District of Columbia for a period of six months, all but sixty days stayed
in favor of a one-year period of probation subject to the following conditions: Mr.
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Untalan shall (1) notify Disciplinary Counsel and the Board at least ninety days
prior to resuming the practice of law; (2) consult with the D.C. Bar’s Lawyer
Assistance Program at least once during the probationary period and waive
confidentiality to allow Disciplinary Counsel to confirm compliance; (3) undergo
an assessment by the D.C. Bar’s Director for the Practice Management Advisory
Service, or his designee, implement any recommendations, and sign a limited
waiver permitting the program to confirm compliance with this condition and
cooperation with the assessment process; (4) not commit any additional Rule
violations during the period of probation; and (5) report to a practice monitor and
waive confidentiality to permit Disciplinary Counsel to confirm his compliance
with the monitoring condition if Mr. Untalan resumes the practice of law during
the period of probation.
So ordered.