Office of Chief Disciplinary Counsel v. Vaccaro

Summary

The court held that a respondent in a cumulative-discipline presentment must use the prescribed appellate procedure to challenge an underlying misconduct finding or related ruling, and that the presentment court ordinarily may consider only the appropriate discipline. Because the governing rules were insufficiently clear about how and when to appeal in this setting, fundamental fairness required allowing the respondent to litigate his due process claim as if he had filed a timely appeal. The court also held that this procedural requirement does not eliminate the Superior Court’s inherent disciplinary authority, which must be exercised in the sequence established by the rules.