Tuesday, December 19, 2006

Reciprocal Efficiency

As a disciplinary prosecutor in the District of Columbia, I was always shocked and dismayed that reciprocal discipline (supposedly summary sanction based on an adjudication of misconduct in a jurisdiction that shared disciplinary authority of a D.C. lawyer) took so long, consumed so much attention and often resulted in a different sanction than that imposed by the tribunal that conducted 651755_mr__lincoln_1 the proceeding. The proper way to impose reciprocal discipline is demonstrated by a recent order of the Nebraska Supreme Court, which received a D.C. disbarment order, directed the attorney to show cause why discipline should not be imposed, and imposed final discipline in a few months. In D.C. under present practice, such a routine case would require a brief from Bar Counsel, a Board report and final court action, which would likely take a year or more.  [Mike Frisch]


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