No Credit For Time Served

A drug conviction has drawn disbarment without credit for time served under interim suspension from the South Carolina Supreme Court.

On October 24, 2016, Respondent was placed on interim suspension following his 2003 guilty plea in federal court to one count of conspiracy and one count of possession with intent to distribute 5 kilograms or more of cocaine. In re Holmes, 418 S.C. 281, 792 S.E.2d 239 (2016). Although Respondent’s conviction occurred in 2003, it was not reported to ODC for over thirteen years. Respondent’s guilty plea was based on a sealed indictment, and at the time of the plea, Rule 8.3, RPC, Rule 407, SCACR, did not contain a mandatory requirement for lawyers to self- report serious crimes. Accordingly, ODC was not aware of Respondent’s conviction until it was anonymously reported in September 2016, at which point ODC immediately commenced an investigation and sought interim suspension.

He did not participate in the bar proceedings

In light of the severity of Respondent’s misconduct and his failure to respond and participate in this process, we accept the Panel’s recommendation and disbar Respondent as of the date of this opinion.

(Mike Frisch)