In the Matter of David H. Evans

IN RE: DAVID H. EVANS

BBO # 156690

NO. BD-2024-067

Judgment (Accepting Affidavit of Resignation As A Disciplinary Sanction) entered by

Justice Kafker on February 5, 2025.1

SUMMARY²

On February 16, 2024, David H. Evans (respondent) admitted to sufficient facts in the Boston Municipal Court, Roxbury Division, to two felony crimes: (i) delivering an article to a prisoner, in violation of G.L. c.268, § 28; and (ii) conspiracy, in violation of G.L. c. 274, § 7. The crimes involved the respondent’s delivery of contraband (two vape pens) by U.S. mail to a prisoner at the South Bay House of Correction in Boston. The respondent was placed on six months of administrative supervision and the matter was continued without a finding until August 16, 2024.

Following the respondent’s conviction and sentencing, the Office of Bar Counsel filed a petition with the Supreme Judicial Court seeking the temporary suspension of the respondent’s law license, which was allowed on June 13, 2024. Bar counsel thereafter filed a Petition for Discipline against the respondent alleging that the respondent’s criminal misconduct violated Mass. R. Prof. C. 8.4(b) and (h). On July 10, 2024, the respondent filed an Answer to the petition admitting the charges and raising recognized matters in mitigation, specifically that he was acting in his private capacity, not as an attorney, at the time of his crimes and that his judgment was impaired at all relevant times.

Shortly after filing his Answer, on August 1, 2024, the respondent filed an affidavit of resignation with the Board of Bar Overseers. In his affidavit, the respondent acknowledged that he was convicted of the above crimes and that they were “serious” as defined by S.J.C. Rule 4:01, § 12(3). The respondent asked that he be permitted to resign from the practice of law as a disciplinary sanction pursuant to S.J.C. Rule 4:01, § 15.

On September 9, 2024, the Board of Bar Overseers unanimously voted to recommend that the respondent’s resignation be accepted as a disciplinary sanction, retroactive to June 13, 2024, the date of the respondent’s temporary suspension. On February 5, 2025, the Supreme Judicial Court for Suffolk County (Kafker, J.) so ordered.

 

1 The complete order of the Court is available by contacting the Clerk of the Supreme Judicial Court for Suffolk County.

2 Compiled by the Massachusetts Board of Bar Overseers’ Office of General Counsel based on the record filed with the Supreme Judicial Court.

 

COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, SS.

SUPREME JUDICIAL COURT

FOR SUFFOLK COUNTY

NO: BD-2024-067

IN RE: David H. Evans

JUDGMENT ACCEPTING AFFIDAVIT OF RESIGNATION AS A

DISCIPLINARY SANCTION

This matter came before the Court, Kafker, J., on an affidavit of resignation submitted by David H. Evans pursuant to S.J.C. Rule 4:01, § 15, with the recommendation and vote of the Board of Bar Overseers (“Board”), and a letter dated August 6, 2024, from Bar Counsel to General Counsel recommending that the resignation be accepted as a disciplinary sanction filed by the Board on October 11, 2024. Upon consideration thereof, it is ORDERED and ADJUDGED that:

The affidavit of resignation be accepted as a disciplinary sanction and that and the lawyer's name is forthwith stricken from the Roll of Attorneys.

By the Court, (Kafker, J.)

Allison S. Cartwright, Clerk

Dated: February 5, 2025