Clark Briefing Schedule Set

The District of Columbia Hearing Committee in the Jeffrey Clark matter has filed a post-hearing order setting the briefing schedule

As addressed on the record and pursuant to Board Rule 12.1, the parties are directed to file proposed findings of fact and conclusions of law according to the following schedule: Disciplinary Counsel’s opening brief is due on or before April 29, 2024; Respondent’s response brief is due on or before May 9, 2024; and Disciplinary Counsel’s reply brief is due on or before May 16, 2024. Disciplinary Counsel’s opening brief shall respond to Respondent’s Request to Clarify Threshold Questions Regarding the Hearing Committee’s and Board’s Composition & Nature, Along with Related Statutory and Constitutional Objections, filed on March 25, 2024. All briefs must be received by the opposing party on or before the due date. Requests to extend these deadlines will be denied absent a showing of good cause.

In addition to detailed legal argument, Disciplinary Counsel’s opening brief shall contain proposed findings of fact that shall consist of numbered paragraphs, including within each paragraph specific references to the parts of the record that support the facts set forth in that paragraph. In addition to detailed legal argument in response to Disciplinary Counsel’s opening brief, Respondent’s brief shall contain a response to each numbered paragraph in Disciplinary Counsel’s proposed findings of fact, including, in the case of any disagreement, specific references to the parts of the record relied upon. Respondent’s brief may also include additional proposed findings of fact that shall consist of numbered paragraphs, including within each paragraph specific references to the parts of the record relied upon. If Respondent proposes additional findings of fact, Disciplinary Counsel’s reply shall contain a response to each numbered paragraph in Respondent’s proposed findings of fact, including, in the case of any disagreement, specific references to the parts of the record relied upon. The parties are directed to pay meticulous attention to the record citations in their briefs, as inaccurate or imprecise record citations will impair the Hearing Committee’s ability to efficiently evaluate contested factual issues.

The hearing transcript can be accessed here. (Mike Frisch)