(a) Discipline By Other Courts. Upon being disciplined in another jurisdiction, a lawyer admitted to practice before this court must promptly inform the clerk. Upon notification from any source that a lawyer within the jurisdiction of this court has been disciplined in another jurisdiction, the clerk must obtain and file a certified copy of the disciplinary order.
(b) Notice and Order to Show Cause.
(1) Notice to Attorney. Upon the filing of a certified or exemplified copy of a judgment or order demonstrating an attorney admitted to practice before this court has been publicly disciplined by another court, the clerk, in the name of the court, will forthwith issue a notice directed to the attorney containing:
(A) a copy of the judgment or order from the other jurisdiction or a statement of any information received relating to the discipline imposed by the other court;
(B) an order to show cause directing that the attorney inform the Disciplinary Panel within 30 days after service of that order upon the attorney, personally or by certified mail, return receipt requested, of any claim by the attorney predicated upon the grounds set forth in (d) hereof that the imposition of discipline substantially similar to that imposed by the other court would be unwarranted and the reasons therefor; and
(C) if the discipline administered in the other jurisdiction included suspension from the practice of law, disbarment, or if the attorney has surrendered his or her license, an order temporarily suspending the attorney from practice in the District Court and the Bankruptcy Court as provided for in D. Kan. Rule 83.6.6
(2) Notice to Other Court. The other court will be given notice of the issuance of the order to show cause and of the response by the attorney, and has the right to intervene in the proceedings for the purpose of demonstrating the discipline imposed by it was appropriate.
(c) Stays. In the event the discipline imposed in the other jurisdiction has been stayed there, any reciprocal discipline imposed in this court must be deferred until such stay expires.
(d) Reciprocal Discipline Imposed; Exceptions. After 30 days has passed from service of the notice issued pursuant section (b) of this rule, the Disciplinary Panel must impose discipline substantially similar to that imposed by the other court unless the respondent-attorney demonstrates, or the Disciplinary Panel finds, that on the face of the record upon which the discipline in the other jurisdiction is predicated, it clearly appears:
(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 an infirmity of proof establishing the misconduct as to give rise to the clear conviction that the Disciplinary Panel could not, consistent with its duty, accept as final the conclusion on that subject;
(3) The imposition of the same discipline by the Disciplinary Panel would result in grave injustice; or
(4) The misconduct established warrants substantially different discipline. Where the Disciplinary Panel finds that any of the above elements are present, it will enter an order that it finds appropriate. The party seeking a different discipline bears the burden to show that the same or substantially similar discipline is not appropriate.
(e) Final Adjudication in Other Courts. In all other respects, a final adjudication in another court that an attorney has been guilty of misconduct establishes conclusively the misconduct for purposes of a disciplinary proceeding in this court.
(f) Referral to a Hearing Panel. At any stage, the Disciplinary Panel may refer proceedings under this rule to a hearing panel for investigation and report to the Disciplinary Panel.
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As amended 9/23/05, 3/17/04, 11/16/90.