Although I agree with the majority that misprision of a felony, as codified in 18 U.S.C. § 4, does not involve moral turpitude per se, I do not agree with the Court’s conclusion that this case should be remanded for regular disciplinary proceedings. Rather, there is an intermediate step which should be taken. I would remand this case for the Board to determine, based solely on a review of the facts in Duncan’s record of conviction, whether his particular crime involved moral turpitude. Tex.R.DisciplinaRY P. 8.02. As we stated in Humphreys, “[n]ot all crimes may be classified according to per se rules. *763If an attorney is convicted of a crime that is not per se a crime involving moral turpitude, then the Board of Disciplinary Appeals must determine whether the particular conviction involved an Intentional Crime.” In the Matter of Humphreys, 880 S.W.2d 402, 408 n. 7 (Tex.), cert. denied, — U.S.-, 115 S.Ct. 427, 130 L.Ed.2d 340 (1994). If the record of conviction indicates Duncan’s crime involved moral turpitude, it would be an “Intentional Crime” as defined by Disciplinary Rule 1.06(0) and would subject Duncan to compulsory discipline.
In making this determination, the Board does not consider new evidence nor does it resolve disputed issues of fact. The Board considers only the record of conviction to the extent necessary to determine the elements of the crime upon which Duncan’s conviction was based. The nature of the record of the conviction will depend on whether the defendant pled guilty, was convicted following a trial by jury, or was convicted in a bench trial. In each instance, the record will contain the facts upon which the conviction was based and upon which the Board may base its conclusion as to whether a particular crime involved moral turpitude.
In every case, the indictment or information may be used as a source of the factual basis for a determination of moral turpitude. See United States v. Bachynsky, 949 F.2d 722, 730 (5th Cir.1991) (stating that, if sufficiently specific, an indictment or information may be used as the factual basis to support a guilty plea), cert. denied, — U.S. -, 113 S.Ct. 150, 121 L.Ed.2d 101 (1992). Further, if the defendant has entered into a plea bargain, the Board should consider the facts contained in the record upon which the trial court based its decision to accept the guilty plea. Before accepting a guilty plea, the court must be satisfied that there are sufficient facts in the record to support the plea. See Fed.R.CeimP. 11(f) (requiring a “factual basis for the plea”); see also United States v. Adams, 961 F.2d 505, 508 (5th Cir.1992). In the case of a conviction following a trial by jury, the Board should consider the elements of the crime detailed in the charge to the jury, including the elements, instructions, and definitions, to determine whether the particular criminal act involves moral turpitude. If an attorney is convicted after a bench trial, the Board should consider the judge’s findings of fact or the judge’s opinion or memorandum of decision, if any, to determine whether the particular criminal act involved moral turpitude. See Fed.R.CRIM.P. 23(c) (authorizing special findings of fact upon request and stating that the facts in an opinion or memorandum of decision are sufficient as findings).
If the Board determines from this type of review that a particular criminal act involves moral turpitude, then compulsory discipline is permitted. On the other hand, if the Board determines that the facts do not show moral turpitude, or that the record of the facts is insufficient to determine the existence of moral turpitude, no compulsory discipline would be permitted. The OCDC may then, however, consider whether to pursue discipline “as a result of the underlying facts.” Tex.R.Disciplinaey P. 8.01 (1992).
For these reasons I concur that this matter should be remanded to the Board of Disciplinary Appeals; I disagree that compulsory discipline would not be available in this case.