Local Rule LR 83.10c: DISCIPLINE IMPOSED BY ANOTHER COURT OR BY A STATE BAR

LR 83.10c DISCIPLINE IMPOSED BY ANOTHER COURT OR BY A STATE BAR

(a) Duty to Inform the Clerk. Any attorney practicing before this Court shall, upon being subjected to public discipline by any court or by the state bar of any state, promptly inform the clerk of such action.

(b) Show Cause Order. Upon the filing of a certified copy of a judgment or order demonstrating that an attorney has been disciplined by another court or by a state bar, this Court shall forthwith issue a notice containing a copy of the judgment or order and an order to show cause directing that the attorney inform this Court within 21 days why imposition of the identical discipline by this Court would be unwarranted and the reasons therefor.

(c) Imposition of Discipline. Upon expiration of 21 days from service of the show cause order, this Court will presume the misconduct to have been established and will impose the identical discipline unless the attorney demonstrates that upon the face of the record upon which the discipline in another jurisdiction is predicated it clearly appears: (1) that the attorney was deprived of due process; or (2) that there was such an infirmity of proof that this Court could not accept as final the conclusion on that subject; or (3) that the imposition of the same discipline by this Court would result in grave injustice; or (4) that the misconduct established is deemed by this Court to warrant substantially different discipline. Where this Court determines that any of said elements exist, it shall enter such order as it deems appropriate. The grant of a stay of discipline by the other jurisdiction shall constitute grounds for a similar grant by this Court.