In re Webster [1995] FMSC 34; 7 FSM Intrm. 201 (App. 1995) (14 July 1995)

FEDERATED STATES OF MICRONESIA
SUPREME COURT APPELLATE DIVISION
Cite as In re Webster[1995] FMSC 34; , 7 FSM Intrm. 201 (App. 1995)

IN RE DAVID BALDWIN WEBSTER.

DISCIPLINARY PROCEEDING NO. 001-1995

ORDER

Decided: July 14, 1995

BEFORE:

Hon. Andon L. Amaraich, Chief Justice, FSM Supreme Court
Hon. Richard H. Benson, Associate Justice, FSM Supreme Court
Hon. Martin Yinug, Associate Justice, FSM Supreme Court

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HEADNOTE

Attorney, Trial Counselor and Client - Discipline and Sanctions
A member of the FSM Bar may be suspended or disbarred if that individual has been suspended or disbarred by any other court. When an attorney has been suspended or disbarred in another jurisdiction and has not shown cause why he is not unfit to practice law in the FSM, he will be disbarred in the FSM. In re Webster, [1995] FMSC 34; 7 FSM Intrm. 201, 201 (App. 1995).

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COURT'S OPINION

PER CURIAM:

On March 27, 1995, the Court issued an Order to Show Cause why David Baldwin Webster should not be suspended or disbarred from practicing law within the Federated States of Micronesia, pursuant to FSM Appellate Rule 46(b), which states that a member of the FSM Bar may be suspended or disbarred if that individual has been suspended or disbarred by any other court. The basis for the Court's Order was the fact that Mr. Webster had in fact been suspended from the practice of law within the State of Florida due to trust account violations, as well as the fact that he has been disbarred from the Palau bar. Moreover, in a November 17, 1994 Opinion of the Supreme Court of Florida, that court denied Mr. Webster's motion for reinstatement, concluding that he "failed to demonstrate his fitness to resume the practice of law." In re David Baldwin Webster and the Florida Bar, slip op. 79,979, at 5 (Nov. 17, 1994). The Supreme Court of Florida thereupon ordered that Mr. Webster was barred from reapplying for reinstatement within two years of the date of the Opinion.

The Court's Order instructed Mr. Webster that he would have until June 1, 1995, to respond, and that if he failed to do so, the Court would enter an appropriate order. The deadline for Mr. Webster's response has elapsed without any response from Mr. Webster. Accordingly, pursuant to FSM Appellate Rule 46(c), and after considering Mr. Webster's conduct, it is hereby ordered, by the Appellate Division of the Supreme Court of the Federated States of Micronesia, that Mr. David Baldwin Webster is unfit to practice law in the Federated States of Micronesia and is therefore disbarred. It is further ordered that the Chief Clerk of Court will take all necessary and appropriate steps to remove Mr. Webster's name from the list of active members of the FSM Bar.

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