RULE 4.4. RECIPROCAL DISCIPLINE.

A. Discipline Elsewhere. Upon being disciplined in another jurisdiction, a lawyer admitted to practice in North Dakota shall promptly inform counsel of such action. Upon notification that a lawyer within the jurisdiction of the court has been disciplined in another jurisdiction, counsel shall obtain a certified copy of the disciplinary order and file it with the board.

B. Notice To The Lawyer. Upon receipt of a certified copy of an order demonstrating that a lawyer admitted to practice in North Dakota has been disciplined in another jurisdiction, the board shall immediately serve upon the lawyer:

(1) A copy of the order from the other jurisdiction; and
(2) An order directing that the lawyer inform the board, within 30 days from service of the notice, of any claim by the lawyer that the imposition of the identical discipline in this state would be unwarranted and the reasons therefor.

C. Stay. In the event the discipline imposed in the other jurisdiction has been stayed there, any reciprocal discipline imposed in this state must be deferred until the stay expires.

D. Discipline. Upon the expiration of 30 days from service of the order under section B, and upon recommendation of the board, the court shall impose the identical discipline unless the lawyer demonstrates and the court finds that upon the face of the record from which the discipline is predicated, it clearly appears 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 those elements exists, the court shall enter such other order as it deems appropriate. In all other aspects, a final determination in another jurisdiction that a lawyer has been guilty of misconduct establishes conclusively the misconduct for purposes of a disciplinary proceeding in this state.

Effective Date Obsolete Date
01/01/0001 View