Local Rule L.R. 83-6.8: Identical Discipline

N.D. Ind. L.R. 83-6.8 Identical Discipline

(a) Discipline by Another Court. The court may discipline an attorney if another court in the United States or its territories, possessions, or commonwealths disciplines the attorney.

(b) Discipline Process. When a certified or exemplified copy of the judgment or order imposing the discipline is filed with this court, the chief judge must promptly order the disciplined attorney to show cause within 30 days after the order is served why the court should not impose identical discipline (other than a fine).

(c) Identical Discipline. The court must impose identical discipline (other than a fine) as the other court unless:

(1) the other court stays its order, in which case this court must defer any identical discipline until the stay expires; or

(2) the attorney demonstrates, or the court finds from the record's face, that:

(A) the other court's procedure lacked sufficient notice or opportunity to be heard to provide the attorney with due process;

(B) the proof supporting the misconduct is so lacking that this court cannot, consistent with its duty, accept the other court's order as final;

(C) imposing identical discipline would result in a grave injustice; or

(D) the misconduct warrants substantially different discipline.