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Following complaints filed by petitioners’ counsel Minns in
response to inquiries by the Dixon V panel at oral argument, the
Arkansas State Bar suspended Sims’s license to practice for 1
year in February 2004, and the Oregon State Bar suspended
McWade’s license to practice for 2 years in August 2004. This
Court, acting on the orders to show cause and the recommendations
of the Committee on Admissions, Ethics, and Discipline, suspended
McWade and Sims from practice for 2 years, commencing February
20, 2004.33 The Director of the IRS Office of Professional
Responsibility suspended McWade and Sims indefinitely from
practice before the IRS, effective June 9, 2004.
Under Rule 202(c)(1), a practitioner who has been suspended
for more than 60 days or disbarred from practice before this
Court may not resume practice until reinstated by order of the
Court. Under Rule 202(c)(2), if the disciplinary proceeding
giving rise to a suspension or disbarment was predicated upon the
complaint of a Judge of this Court, a hearing on the petition for
reinstatement is to be held before a panel of three other Judges
appointed by the Chief Judge. At the hearing on the petition:
the practitioner shall have the burden of demonstrating
by clear and convincing evidence that the practitioner
33The first announcement by the Court with respect to the
referrals was the Court’s issuance, on Feb. 20, 2004, of a press
release that disciplinary action had been taken against McWade
and Sims. DeCastro’s resignation was not publicized by the Court
until issuance of the opinion herein.
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