9 Rule 24 Reciprocal Discipline

A. Duty to Inform Disciplinary Counsel of Discipline From Other Jurisdiction. Upon being disciplined in another jurisdiction, a lawyer admitted to practice in Vermont shall promptly inform disciplinary counsel of such action. Upon notification that a lawyer within the jurisdiction of the Board has been disciplined in another jurisdiction, disciplinary counsel shall obtain a certified copy of the disciplinary order and file it with the Board and with the Court.

B. Notice Served Upon Respondent. Upon a receipt of a certified copy of an order demonstrating that a lawyer admitted to practice in Vermont has been disciplined in another jurisdiction, the Court shall forthwith issue a notice directed to the lawyer and to disciplinary counsel containing:

(1) A copy of the order from the other jurisdiction; and

(2) An order directing that the lawyer or disciplinary counsel inform the Court, within 30 days from service of the notice, of any claim by the lawyer or disciplinary counsel predicated upon the grounds set forth in Paragraph D, that the imposition of the identical discipline in this state would be unwarranted and the reasons therefore.

C. Effect of Stay of Discipline in Other Jurisdictions. In the event the discipline imposed in the other jurisdiction has been stayed there, any reciprocal discipline imposed in this state shall be deferred until the stay expires.

D. Discipline to be Imposed. Upon the expiration of 30 days from service of the notice pursuant to the provisions of Paragraph B, the Court shall impose the identical discipline unless the Court finds that upon the face of the record from which the discipline is predicated it clearly appears, or disciplinary counsel or the lawyer demonstrates, that:

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

(2) There was such infirmity of proof establishing the misconduct as to give rise to the clear conviction that the Court could not, consistent with its duty, accept as final the conclusion on that subject; or

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

(4) The misconduct established warrants substantially different discipline in this state.

If the Court determines that any of these elements exists, it shall enter such other order as it deems appropriate.

E. Conclusiveness of Adjudication in Other Jurisdictions. Except where grounds exist under Paragraph D above, a final adjudication in another jurisdiction that a lawyer has been guilty of misconduct shall establish conclusively the misconduct for purposes of a disciplinary proceeding in this jurisdiction.