(a) Duty to Notify. Any attorney admitted to practice before this Court shall, upon being
subjected to public discipline by another court, promptly inform the Clerk of this Court of
such action.
(b) Disciplinary Order as Evidence. Except as provided in section (e), the final
adjudication in another court that an attorney has been guilty of misconduct shall establish
conclusively the misconduct for purposes of a disciplinary proceeding in this Court.
(c) Rule to Show Cause. Upon the filing 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, the Executive Committee shall forthwith enter an order
directing that the attorney inform the Committee of any claim by that attorney predicated
upon the grounds set forth in section (e) that the imposition of the identical discipline by this
Court would be unwarranted and the reasons for such a claim. The order will also provide
that the response, if any, is to be filed with the Clerk within 14 days of service. A certified
copy of the order and a copy of the judgment or order from the other court will be served on
the attorney by: (1) certified mail to the attorney’s last known address with return receipt
requested; (2) shipping services (e.g., UPS/FedEx) with signature required; (3) CM/ECF; or
(4) email. Any one of these methods is sufficient to provide notice under this rule.
(d) Effect of Stay of Imposition of Discipline in Other Court. In the event the discipline
imposed in the other jurisdiction has been stayed, any reciprocal discipline imposed in this
Court shall be deferred until such stay expires.
(e) Imposition of Discipline; Exceptions. Upon the expiration of 14 days from service
of the notice issued pursuant to the provisions of section (b), the Executive Committee
shall immediately impose the identical discipline unless the attorney demonstrates, or
the Executive Committee finds—
(1) that the procedure before the other court was so lacking in notice or opportunity to
be heard as to constitute a deprivation of due process; or
(2) that there was such a 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
(3) that the imposition of the same discipline by this Court would result in injustice; or
(4) that the misconduct established is deemed by this Court to warrant
different discipline.
If the Executive Committee determines that any of those elements exist, it shall enter such
other order as it deems appropriate.
An order imposing suspension or disbarment shall be entered on every docket in the
attorney’s pending cases. The order shall be sent by: (1) certified mail to the attorney’s last
known address with return receipt requested; (2) shipping services (e.g., UPS/FedEx) with
signature required; (3) CM/ECF; or (4) email. Any one of these methods is sufficient to
provide notice under this rule.
Amended January 30, 2009, December 23, 2016, September 30, 2019, and April 21, 2022