Office of Chief Disciplinary Counsel v. Vaccaro

Summary

The court held that an attorney subject to a cumulative-discipline presentment must challenge the underlying misconduct finding or related rulings through a timely appeal before the Superior Court, and that the presentment itself is limited to determining the appropriate disciplinary action. Because the governing rules were unclear about the procedure for appealing a misconduct finding in this setting, fundamental fairness required allowing Vaccaro to litigate his due process claim as if he had timely appealed. The judgment was therefore reversed and the matter remanded for further proceedings.