Disciplinary Enforcement Rule IV: Discipline Imposed by Other Courts or Agencies

(a) Upon the filing of a certified or exemplified copy of a judgment or order demonstrating that an attorney admitted to practice before this Court has been disciplined for professional misconduct as defined in Rule I.B to another court, or by an agency of the United States as defined in 5 U.S.C. § 551, this Court may refer the matter to the Committee on Admissions and Grievances for a recommendation for appropriate action, or may issue a notice directed to the attorney containing:

(1) a copy of the judgment or order from the other court or agency; and

(2) an order to show cause directing that the attorney inform this Court within the time specified of any claim by the attorney predicated upon the grounds set forth in paragraph (c) below that the imposition of the identical discipline by this Court would be unwarranted and the reasons therefor.

(b) In the event the discipline imposed in the other jurisdiction has been stayed there, any reciprocal discipline imposed in this Court may be deferred until such stay expires.

(c) After consideration of the response called for by the order issued pursuant to paragraph (a) above or after expiration of the time specified in the order, this Court shall impose the identical discipline unless the attorney demonstrates, or this Court is satisfied that:

(1) the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or

(2) 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 on that subject; or

(3) the imposition of the same discipline by this Court would result in grave injustice; or

(4) the misconduct warrants substantially different discipline.

When this Court determines that any of these elements exists, it shall enter such other order as it deems appropriate.

(d) Except as provided in paragraph (c) above, a final adjudication in another court or in an agency of the United States that an attorney has been guilty of misconduct shall establish conclusively the misconduct for purposes of a disciplinary proceeding in this Court.

(e) This Court may at any stage ask the Committee to conduct disciplinary proceedings or to make recommendations to the Court for appropriate action in light of the imposition of professional discipline by another court or by an agency.