Rule 16 Reciprocal Discipline
Rule Text
(a) Self-Reporting. Every attorney is required to notify the Supreme Court of any pending professional disciplinary action against the attorney in another jurisdiction. This notice must be sent no later than 15 days after the attorney is made aware of the pending action, identify the jurisdiction where the matter is pending, and provide a summary of the matter. Additionally, the attorney must supply any additional information requested by the Court and provide a copy of the final adjudication within 15 days of its issuance.
(b) Order to Show Cause. After receiving reliable information that the attorney has been disciplined in another jurisdiction, the Supreme Court must serve the attorney with an order to show cause why reciprocal discipline is not appropriate. The order must contain the information giving rise to the reasonable belief of discipline in the other jurisdiction, inform the attorney of the burden and criteria listed in Rule 16(d), and instruct the attorney to respond by registered mail or filing with the Supreme Court Clerk of Court no later than 30 days from the date of service.
(c) Hearing. At its discretion, the Supreme Court may schedule a hearing on the matter. If a hearing is scheduled, the attorney must be served with notice no earlier than 30 days after the order to show cause is served on the attorney and no later than 30 days after the order to show cause is due.
(d) Burden; Criteria. The attorney has to burden to show by clear and convincing evidence that imposing discipline based on the decision in the other jurisdiction would be improper. The attorney can demonstrate reciprocal discipline is improper by showing: (1) there were procedures so lacking in notice and opportunity to be heard as to constitute a deprivation of due process; (2) the evidence establishing the misconduct was so insufficient or questionable that it is clear the Supreme Court should not accept as final the conclusion reached in the original jurisdiction; or (3) the misconduct established warrants substantially different punishment in this jurisdiction.
(e) Discipline. If the attorney fails to show why reciprocal discipline is not appropriate, the Court must discipline the attorney in a manner befitting the misconduct.