In the Matter of the Complaint Against David J. Smith (Utah 1996)

Summary

The Utah Supreme Court affirmed summary judgment and ordered David J. Smith disbarred based on his Wisconsin convictions for theft by fraud and false swearing. It held that the disciplinary complaint was timely, that full faith and credit barred collateral relitigation of the Wisconsin court’s jurisdiction and Smith’s right-to-counsel claim, and that the certified convictions conclusively established misconduct warranting disbarment. There were no separate opinions.

Holding

Timeliness of the disciplinary complaint. The disciplinary proceeding was timely because the initial accusation began the disciplinary action and occurred within four years of the conviction; the formal complaint was also timely under the record date of conviction.

Collateral challenge to Wisconsin jurisdiction. Utah could not reopen Smith’s jurisdictional challenge because the Wisconsin courts had fully and fairly litigated and finally decided the issue, making their determination entitled to full faith and credit.

Challenge to the denial of counsel in Wisconsin. Smith knowingly waived representation, and Utah was barred from reconsidering the fully litigated right-to-counsel issue.

Effect of certified criminal convictions and propriety of summary judgment. The certified Wisconsin convictions conclusively established Smith’s criminal conduct, and theft by fraud and false swearing constituted misconduct warranting disbarment as a matter of law; Smith failed to identify a genuine issue of material fact.

In the Matter of the Complaint Against David J. Smith

Summary

Holding

Cited authorities

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