Rule 19-737 - Reciprocal Discipline or Inactive Status(a)Duty of Attorney. An attorney who in another jurisdiction (1) is disbarred, suspended, or otherwise disciplined, (2) resigns from the bar while disciplinary or remedial action is threatened or pending in that jurisdiction, (3) is transferred to disability inactive status or an equivalent status in that jurisdiction, or (4) is subject to a remedial order entered in that jurisdiction shall inform Bar Counsel promptly of the discipline, resignation, inactive status, or remedial order.(b)Petition in Supreme Court. Upon receiving and verifying information from any source that in another jurisdiction an attorney has been disciplined or transferred to disability inactive status or an equivalent status, or is subject to a remedial order entered in that jurisdiction, Bar Counsel may file a Petition for Disciplinary or Remedial Action in the Supreme Court pursuant to Rule 19-721(a)(2). A certified copy of the disciplinary or remedial order shall be attached to the Petition.(c)Show Cause Order. When a petition and certified copy of a disciplinary or remedial order have been filed, the Supreme Court shall order that Bar Counsel and the attorney, within the time specified in the order, show cause in writing based upon any of the grounds set forth in section (e) of this Rule why corresponding discipline or inactive status, or a corresponding remedial order, should or should not be imposed or entered. A copy of the petition, attachment, and show cause order shall be served in accordance with Rule 19-723.(d)Temporary Suspension of Attorney.(1)Show Cause Order When the petition and disciplinary or remedial order demonstrate that an attorney has been disbarred or suspended, is currently suspended from practice pending a final order of a court in another jurisdiction, or has been transferred to disability inactive status based on incapacity in another jurisdiction, the Supreme Court shall order that the attorney, within 15 days from the date of the order, show cause in writing why the attorney should not be suspended from the practice of law or transferred to disability inactive status immediately until the further order of the Supreme Court. The show cause order shall be served in accordance with Rule 19-723.(2)Temporary Suspension or Disability Inactive Status Upon consideration of the petition and any answer to the order to show cause, the Supreme Court may enter an order: (A) immediately suspending the attorney from the practice of law, pending further order of the Court,(B) immediately transferring the attorney to disability inactive status, pending further order of the Court, or (C) containing any other appropriate provisions. The provisions of Rules 19-741 or 19-743, as applicable, apply to an order under this section.(3)Termination of Temporary Suspension or Disability Inactive Status On notification by Bar Counsel that the disciplinary or remedial order has been reversed or vacated in the other jurisdiction, the Supreme Court shall vacate the order of temporary suspension or disability inactive status, unless other grounds exist for the suspension to remain in effect.(e)Exceptional Circumstances. Reciprocal discipline shall not be ordered if Bar Counsel or the attorney demonstrates by clear and convincing evidence that: (1) the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process;(2) there was such infirmity of proof establishing the misconduct as to give rise to a clear conviction that the Court, consistent with its duty, cannot accept as final the determination of misconduct;(3) the imposition of corresponding discipline would result in grave injustice;(4) the conduct established does not constitute misconduct in this State or it warrants substantially different discipline in this State; or(5) the reason for inactive status no longer exists.(f)Action by Supreme Court. Upon consideration of the petition and any answer to the order to show cause, the Supreme Court may: (1) immediately impose corresponding discipline or inactive status, or enter a corresponding remedial order;(2) enter an order designating a judge pursuant to Rule 19-722 to hold a hearing in accordance with Rule 19-727; or(3) enter any other appropriate order. The provisions of Rules 19-741 or 19-743, as applicable, apply to an order under this section that disbars or suspends an attorney or that transfers the attorney to disability inactive status.(g)Conclusive Effect of Adjudication. Except as provided in subsections (e)(1) and (e)(2) of this Rule, a final adjudication in a disciplinary or remedial proceeding by another court, agency, or tribunal that an attorney has been guilty of professional misconduct or is incapacitated is conclusive evidence of that misconduct or incapacity in any proceeding under this Chapter. The introduction of such evidence does not preclude the Commission or Bar Counsel from introducing additional evidence or preclude the attorney from introducing evidence or otherwise showing cause why no discipline or lesser discipline should be imposed.(h)Effect of Stay in Other Jurisdiction. If the other jurisdiction has stayed the discipline, or inactive status, or remedial order, any proceedings under this Rule shall be deferred until the stay is no longer operative and the discipline, or inactive status, or remedial order becomes effective.(i)Duties of Clerk of Supreme Court. The applicable provisions of Rule 19-761 apply when an order is entered under this Rule. This Rule is derived in part from former Rule 16-773(2016) and is in part new.
Adopted June 6, 2016, eff. 7/1/2016; amended July 8, 2021, eff. 10/1/2021; amended April 21, 2023, eff. 4/1/2023.