Local Rule Rule 83.7b: Discipline Imposed by Other Courts

Rule 83.7b Discipline Imposed by Other Courts

(a) Duty to Inform This Court.

Any attorney admitted to practice before this court shall, upon being subjected to public discipline by any other court or administrative body of the United States or the District of Columbia, or by a court or administrative body (or state agency clothed with disciplinary authority) or any state, territory, commonwealth, or possession of the United States, promptly inform the clerk of this court of such action.

(b) Notice to Attorney.

Upon the filing with the clerk of a certified or exemplified copy of a judgment or order demonstrating that an attorney admitted to practice before this court has been disciplined by another court or administrative body (or state agency clothed with disciplinary authority), this court shall forthwith issue a notice directed to the attorney containing:

(i) a copy of the judgment or order from the other court or administrative body (or state agency clothed with disciplinary authority); and,

(ii) an order to show cause directing that the attorney inform this court within 30 days after service of that order upon the attorney, personally or by mail, of any claim by the attorney predicated upon the grounds set forth in subsection (d) of this rule that the imposition of the identical discipline by the other court would be unwarranted and the reasons therefor.

(c) Deferral of Action.

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 Discipline.

Upon the expiration of 30 days from service of the notice issued pursuant to subsection (b) of this rule, this court shall impose the identical discipline imposed by the other court or administrative body, unless the respondent-attorney demonstrates, or this court finds, that upon the face of the record upon which the discipline in another jurisdiction is predicated it clearly appears:

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

(ii) that 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

(iii) that the imposition of the same discipline by this court would result in grave injustice; or

(iv) that the misconduct established is deemed by this court to warrant substantially different discipline.

Where this court determines that any of these elements exists, it shall enter such order as it deems appropriate.

(e) Effect of Final Adjudication.

In all other respects, a final adjudication in another court or administrative body (or state agency clothed with disciplinary authority) that an attorney has been guilty of misconduct shall establish conclusively the misconduct for the purposes of a disciplinary proceeding in this court.

(f) Appointment of an Attorney.

This court may at any time appoint an attorney to prosecute the disciplinary proceedings.