Skip to main content

Rule 84.7 DISCIPLINE IMPOSED BY OTHER COURTS

(a) Duty to Disclose. Any attorney admitted to practice before this Court shall, upon receiving public discipline by any other Court of the United States or the District of Columbia, or by a court of any state, territory, commonwealth or possession of the United States, promptly inform the Clerk of this Court of such action.

(b) Show Cause Order. Upon the filing of a judgment or order demonstrating that an attorney admitted to practice before this Court has been disciplined by another court, this Court may issue a notice directed to the attorney containing:

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

(2) an order immediately suspending the attorney, in the event the discipline imposed by the other court consists of suspension or disbarment; and

(3) an order directing the attorney to show cause within thirty (30) days after service of the order why identical action by this Court would be unwarranted.

(c) Discipline in Other Jurisdiction Stayed. In the event the discipline imposed in the other jurisdiction has been stayed there, any reciprocal discipline imposed in this Court shall be deferred until such stay expires.

(d) Imposition of Identical Discipline. Upon expiration of the thirty (30) days from service of the order to show cause, this Court may impose the identical discipline unless the respondent-attorney demonstrates, or this Court finds based on the record upon which the discipline in another jurisdiction is predicated, that it clearly appears:

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

(2) there was such an infirmity of proof establishing the misconduct that this Court could not, consistent with its duty, accept as final the conclusion by the other court;

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

(4) the misconduct established is deemed by this Court to warrant substantially different discipline.

Where this Court determines any of the foregoing circumstances exist, it shall enter such order as it deems appropriate.

(e) Final Adjudication in Another Court. In all other respects, a final adjudication in another court that an attorney is guilty of misconduct shall establish conclusively the misconduct for purposes of disciplinary action in this Court.