United States District Court - Northern District of Illinois

General Rules

Rules 3.50 to 3.79 Discipline Of Attorneys

Rule 3.51 Discipline Imposed By Other Courts

A. Duty of attorney disciplined by another court to notify Clerk of that discipline

Any attorney admitted to practice before this Court shall, upon being subjected to public discipline by any other court of the United States or the District of Columbia, or by a court of any state, territory, commonwealth or possession of the United States, promptly inform the Clerk of this Court of such action. As used in these rules the term discipline is intended to include censure, suspension, and disbarment, but not sanctions or contempt.

B. Rule to show cause why reciprocal discipline should not be imposed

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 issue a notice directed to the attorney containing:

1. a copy of the judgment or order from the other court; and

2. an order to show cause directing that the attorney inform this court within 30 days after service of that order upon the attorney, personally or by mail, of any claim by the attorney predicated upon the grounds set forth in Rule 3.51D that the imposition of the identical discipline by this Court would be unwarranted and the reasons therefor.

C. Deferral of action where imposition of discipline stayed 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.

D. Imposition of discipline; exceptions

Upon the expiration of 30 days from service of the notice issued pursuant to the provisions of Rule 3.51B, the Executive Committee shall impose the identical discipline unless the respondent-attorney demonstrates, or the Executive Committee finds:

1. that the procedure 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.

E. Final adjudication of other court to establish misconduct

In all other respects, a 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.