The result in this case comports with the views that Judge Floyd R. Gibson

1

expressed in our post-argument conference. Judge Gibson’s temporary disability due

to illness has prevented his further participation in the case.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-2005

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*

*

In re: Michael J. Hoare, * Appeal from the United States

* District Court for the

Respondent/Appellant. * Eastern District of Missouri.

*

*

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 Submitted: December 11, 1997

 Filed: July 2, 1998 

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Before WOLLMAN, FLOYD R. GIBSON, and LOKEN, Circuit Judges. 1

___________

WOLLMAN, Circuit Judge.

Michael J. Hoare appeals from an order of disbarment entered by the United

States District Court for the Eastern District of Missouri. We affirm.
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I.

Prior to his disbarment, Hoare, a former law professor and United States

Department of Justice attorney, was engaged in a successful private law practice in St.

Louis, Missouri. Hoare had been admitted to practice in the jurisdictions of Missouri

and Massachusetts, and was a member of the Bar of the Eighth Circuit Court of

Appeals, the District of Columbia Court of Appeals, and the Supreme Court of the

United States. Before the incident that resulted in his disbarment, Hoare had never

been subject to criminal prosecution or professional discipline in any jurisdiction.

After having two or three glasses of wine at a neighborhood party in St. Louis

on the evening of April 24, 1993, Hoare drove across the Mississippi River to Illinois,

where he drank wine and beer throughout the remainder of the evening and into the

early hours of the next morning. According to Hoare’s own testimony, he may have

consumed as many as twelve drinks in all.

Shortly before 5:00 a.m. on April 25, seventeen-year-old Joshua Roedersheimer

and his younger brother, Drew, were traveling south on Interstate 255 in Joshua’s car

on their way to work at their grandfather’s produce stand at the Farmer’s Market in

South St. Louis County. Herman Roedersheimer, the boys’ grandfather, followed close

behind in another vehicle.

Meanwhile, having slept for a short time in his car, Hoare awoke and started for

home. He apparently lost his bearings, and after mistakenly turning south on Illinois

Route 3 near Cahokia, ultimately entered an I-255 exit ramp. Driving past one “Do

Not Enter” and two “Wrong Way” signs, Hoare, traveling northward, entered the

interstate’s southbound lanes. He drove for more than two miles in the wrong

direction.
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The dawn was just about to break as Hoare collided with Joshua

Roedersheimer’s southbound car. Drew Roedersheimer, who had been dozing in the

passenger seat, was injured and bleeding but was able to pull Joshua free from the car.

Herman Roedersheimer, who witnessed the collision, went to Joshua’s side as the boy

lay mortally injured on the side of the road. After calling out, “Help me, help me,”

Joshua died in his grandfather’s arms.

When police and emergency vehicles arrived at the scene, Hoare, who had

suffered a broken ankle and dislocated hip, refused to allow police to draw a blood

sample to be tested for alcohol. Blood drawn from Hoare for medical purposes by

hospital personnel, approximately two and a half hours later, revealed a blood-alcohol

content of .12 percent. At the time, the legal limit was .10 percent in Illinois. An

accident reconstruction specialist later testified that Hoare’s automobile was straddling

two lanes at the time of the crash and that there was no evidence Hoare had taken

evasive action. Joshua’s vehicle, in contrast, had veered right and had skidded some

126 feet prior to the point of impact.

Hoare was charged in St. Clair County, Illinois, circuit court with the aggravated

reckless homicide of Joshua Roedersheimer. He rejected an offer by state prosecutors

of a recommendation of probation in exchange for a guilty plea to the reduced charge

of reckless homicide. The case proceeded to trial. At Hoare’s first trial, in July of

1995, a mistrial was declared when a juror changed her mind and refused to affirm,

when polled, the guilty verdict that had been returned. A second trial resulted in

Hoare’s conviction for aggravated reckless homicide in March of 1996. See State v.

Hoare, No. 93-CF-583 (20th Judicial Circuit, St. Clair County, Illinois, March 12,

1996).

Hoare did not appeal. At sentencing, he read a statement of remorse. Facing a

maximum of fourteen years in prison, Hoare was sentenced instead to six months in the

St. Clair County jail in Belleville, Illinois, and was placed on probation for forty
On August 21, 1996, a similar proceeding was initiated by the Bar of the

2

Supreme Court of the United States. The Court’s final order of disbarment was entered

on November 4, 1996. See In the Matter of Disbarment of Michael J. Hoare, 117 S.

Ct. 414 (1996). The Bar of the District of Columbia Court of Appeals, as well, has

initiated disciplinary proceedings against Hoare. Recently, the Hearing Committee of

its Board on Professional Responsibility issued a report and recommendation that

Hoare be suspended for two years. See In the Matter of Michael J. Hoare, Esq., Bar

Docket No. 241-96 (D.C. Cir. May 29, 1998). In addition, the Massachusetts Supreme

Judicial Court has issued a two-year suspension. See In re Hoare, No. BD-96-037

(Suffolk County, Mass. Feb. 19, 1998).

On October 9, 1996, we entered an order holding in abeyance the disciplinary

proceedings against Hoare pending the entry of a final order in the district court. See

In Re: Michael J. Hoare, No. 97-2005 (8th Cir. Oct. 9, 1996).

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months. He was ordered to perform forty hours of community service during each

month of his probation, half of which was required to involve the assistance of persons

with alcohol problems. A civil suit filed against Hoare by the Roedersheimer family

was later settled by his insurance carrier.

Following Hoare’s conviction, the Supreme Court of Missouri, pursuant to

Missouri Supreme Court Rule 5.21 (Suspension for Criminal Activities), issued an

order requiring Hoare to show cause why his license to practice law should not be

suspended. After considering Hoare’s response, the court entered an order on June 10,

1996, suspending him from the practice of law pending final disposition of disciplinary

proceedings initiated as a result of his felony conviction. Approximately one month

later, without further proceedings, the court issued an order disbarring Hoare from the

practice of law in Missouri. See In re Michael Hoare, No. 78870 (July 16, 1996).

On June 20, 1996, the United States District Court for the Eastern District of

Missouri entered an order requiring Hoare to show cause why the identical discipline

of disbarment should not be imposed pursuant to Local Rule 12.02. See Missouri

Court Rules, State and Federal 738 (West 1997). A second order was issued on 2
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August 1, 1996, placing Hoare on interim suspension pending a final resolution of the

matter. The court then proceeded in accordance with its Rules of Disciplinary

Enforcement. Rule II (Discipline Imposed by Other Courts) provides that when

determining whether to discipline a member of its bar consistent with a state

disciplinary adjudication, the court

may impose the identical discipline unless the respondent-attorney

demonstrates, and this court finds:

(1) that the procedure in the other jurisdiction was so

lacking in notice or opportunity to be heard as to constitute

a deprivation of due process; or

(2) that there was such an infirmity of proof establishing the

misconduct as to give rise to the clear conviction that this

court could not, consistent with its duty, accept as final the

conclusion of the other jurisdiction on that subject; or

(3) that the imposition of the same discipline by this court

would result in grave injustice; or

(4) that the misconduct established is deemed by this court

to warrant substantially different discipline.

Rule II(D), Rules of Disciplinary Enforcement, United States District Court for the

Eastern District of Missouri (January 18, 1996).

On March 11, 1997, the district court issued its order that Hoare be “disbarred,

that his right to practice law in this court is terminated, and that his name be stricken

from the roll of attorneys authorized to practice law in this court.” See In the Matter

of Michael J. Hoare, No. 96-MC-187 (E.D. Mo. March 11, 1997) (en banc). Hoare

now appeals from that order.
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II.

Courts have long recognized their authority to suspend or disbar attorneys, an

inherent power derived from the attorney’s role as an officer of the court that granted

admission. See In re Snyder, 472 U.S. 634, 643 (1985). Although a state court

disciplinary action is not conclusively binding upon the federal judiciary, federal courts

are nevertheless obliged to accord a high level of deference to state court disbarment

proceedings. See Theard v. United States, 354 U.S. 278, 281-82 (1957); Selling v.

Radford, 243 U.S. 46, 50-51 (1917); In re Attorney Discipline Matter, 98 F.3d 1082,

1087 (8th Cir. 1996); Matter of Randall, 640 F.2d 898, 901 (8th Cir. 1981); In re

Rhodes, 370 F.2d 411, 413 (8th Cir. 1967). Thus, when a district court learns that a

member of its bar has been subject to discipline by another jurisdiction, the identical

discipline is typically imposed. See Randall, 640 F.2d at 901.

We will reverse a district court’s disciplinary order only when an abuse of

discretion has occurred. See Attorney Discipline Matter, 98 F.3d at 1087; Matter of

Discipline of Olkon, 795 F.2d 1379, 1381 (8th Cir. 1986). 

Hoare first asserts that the district court erred in requiring him to demonstrate the

inappropriateness of reciprocal discipline by clear and convincing evidence, a standard

of proof not set forth in the court’s Rules of Disciplinary enforcement. It was for the

district court to determine what standard of proof is appropriate under its rules, and we

perceive no unfairness resulting from the Rules’ silence on the matter.

Next, Hoare argues that the court abused its discretion in concluding that

discipline substantially different from disbarment was not warranted in his case. See

Rule of Disciplinary Enforcement II(D)(4). In particular, he asserts that (1) any

misconduct on his part does not reflect adversely upon his fitness to practice law; and

(2) the discipline imposed in this case is substantially harsher than that imposed upon
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attorneys in other jurisdictions who have been involved in alcohol-related vehicular

homicides.

We reject Hoare’s argument that his misconduct does not reflect adversely on

his fitness to practice law. Hoare is guilty of committing a felony. He elected to drive

while intoxicated, drove for more than two miles on the wrong side of an interstate

highway, and ended the life of an innocent young man. Upon his arrest, he refused to

cooperate with police officers by forbidding them to test his blood for alcohol. Such

conduct, when committed by an officer of the court, constitutes a failure to maintain

personal integrity, reflects upon one’s fitness to practice law, and brings the bench and

the bar into disrepute. See, e.g., Matter of Horwitz, 881 P.2d 352, 356 (Ariz. 1994)

(en banc); People v. Fahselt, 807 P.2d 586, 587-88 (Colo. 1991) (en banc); Kentucky

Bar Ass’n v. Jones, 759 S.W.2d 61, 63 (Ky. 1988). Offending conduct need not

involve direct questions of honesty or trustworthiness, nor have an immediate relation

to the daily business conducted by an attorney, in order to warrant substantial

discipline. See, e.g., In re Brown, 674 So. 2d 243, 246 (La. 1996) (“Conviction of a

crime may warrant disbarment, even though the crime was not directly connected with

the practice of law.”).

With respect to the harshness of the discipline imposed upon Hoare, we agree

that a suspension of one or two years, rather than disbarment, appears to be a more

typical sanction imposed in disciplinary cases involving an alcohol-related vehicular

homicide. See, e.g., Office of Disciplinary Counsel v. Michaels, 527 N.E.2d 299 (Ohio

1988) (eighteen-month suspension); Jones, 759 S.W.2d at 63 (two-year suspension);

Matter of Disciplinary Proceeding Against Curran, 801 P.2d 962 (Wash. 1990) (en

banc) (holding that presumptive sanction for two counts of vehicular homicide is twoyear suspension); Matter of Howard, 673 A.2d 800 (N.J. 1996) (three-month

suspension when vehicular homicide did not involve alcohol); In re Alkow, 415 P.2d

800 (Cal. 1966) (en banc) (six-month suspension when vehicular homicide did not

involve alcohol).
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Nonetheless, the sanction of disbarment in cases involving a negligent homicide

is not without precedent. See Horwitz, 881 P.2d at 360 (conviction for negligent

vehicular homicide involving alcohol and illegal drugs warranted disbarment); Matter

of Souls, 669 A.2d 532 (R.I. 1996) (disbarment ordered for conviction of leaving the

scene of a fatal accident in which alcohol may have been a factor); Brown, 674 So. 2d

at 249 (conviction of negligent homicide arising out of shooting warranted disbarment);

Matter of Holt, 451 S.E.2d 884 (S.C. 1994) (felony conviction for driving under the

influence resulting in loss of human life warranted indefinite suspension; attorney also

admitted use of cocaine); In re Morris, 397 P.2d 475 (N.M. 1964) (conviction for

alcohol-related involuntary manslaughter justified indefinite suspension). In fact, the

disciplinary rules of some jurisdictions provide for automatic disbarment when an

attorney is convicted of any felony, without regard to its nature and absent

consideration of any mitigating circumstances. See, e.g., N.Y. JUD. LAW § 90

(McKinney 1993) (any attorney convicted of a felony is automatically disbarred).

Whether we would have imposed a substantial period of suspension rather than

disbarment had we been sitting in original judgment of this matter, is not at issue in this

appeal. Rather, we hold only that the district court did not abuse its broad discretion

in concluding that discipline substantially different from disbarment was not warranted

in this case. See Attorney Discipline Matter, 98 F.3d at 1089 (“It was well within the

district court’s inherent power to discipline appellant based on Missouri’s disbarment

order.”).

Lastly, Hoare asserts that the court abused its discretion in concluding that the

reciprocal discipline of disbarment would not “result in grave injustice.” See Rule of

Disciplinary Enforcement II(D)(3). Hoare advances several arguments in this regard,

most of which center on the Missouri Supreme Court’s failure to articulate the

reasoning behind its order of disbarment and on the disparity perceived by Hoare

between the sanction imposed by that court upon him and the discipline imposed in

other cases.
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Although a conviction for negligent vehicular homicide has apparently never

before resulted in an attorney’s disbarment in Missouri, that fact does not conclusively

establish that disbarment is unwarranted or gravely unjust in the circumstances of this

case. In each disciplinary proceeding, a state’s highest court considers many factors

and “must be given considerable leeway in meting out the sanctions imposed.”

Attorney Discipline Matter, 98 F.3d at 1088 (quoting Randall, 640 F.2d at 904). If

disbarment is within the appropriate range of sanctions, “[w]e are not in a position, nor

authorized, to second-guess the highest state court on the sanctions it imposes.”

Attorney Discipline Matter, 98 F.3d at 1088 (quoting Randall, 640 F.2d at 904).

Rather, we are empowered only to review the exercise of discretion by the district court

in determining whether it should order the typical sanction of reciprocal discipline. See

Attorney Discipline Matter, 98 F.3d at 1088-89.

Actions produce consequences; reckless actions sometimes beget tragic

consequences. The consequences of Hoare’s reckless actions, though unintended, were

in no sense unforeseeable. Having considered Hoare’s arguments and all of the

relevant circumstances, we cannot say that the district court abused its discretion in

concluding that the reciprocal discipline of disbarment would not result in grave

injustice.

The order of disbarment is affirmed.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.