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Rule 14-522

Rule 14-522. Reciprocaldiscipline.

(a) Duty to notify OPC counselof discipline. Upon being publicly disciplined by another court, anotherjurisdiction, or a regulatory body having disciplinary jurisdiction, a lawyeradmitted to practice in Utah shall within 30 days inform the OPC of thediscipline. Upon notification from any source that a lawyer within thejurisdiction of the Supreme Court has been publicly disciplined by anothercourt, another jurisdiction, or a regulatory body having disciplinary jurisdiction,OPC counsel shall obtain a certified copy of the disciplinary order.

(b) Notice served upon lawyer.Upon receipt of a certified copy of an order demonstrating that a lawyeradmitted to practice in Utah has been publicly disciplined by another court,another jurisdiction, or a regulatory body having disciplinary jurisdiction,OPC counsel shall issue a notice directed to the lawyer containing:

(b)(1) a copy of the order fromthe other court, jurisdiction or regulatory body; and

(b)(2) a notice giving thelawyer the right to inform OPC counsel, within 30 days from service of thenotice, of any claim by the lawyer predicated upon the grounds set forth inparagraph (d), that the imposition of the equivalent discipline in Utah wouldbe unwarranted, and stating the reasons for that claim.

(c) Effect of stay ofdiscipline in other jurisdiction. If the discipline imposed in the other court,jurisdiction or regulatory body has been stayed, any reciprocal disciplineimposed in Utah shall be deferred until the stay expires.

(d) Discipline to be imposed.Upon the expiration of 30 days from service of the notice pursuant to paragraph(b), the district court shall take such action as may be appropriate to causethe equivalent discipline to be imposed in this jurisdiction, unless it clearlyappears upon the face of the record from which the discipline is predicatedthat:

(d)(1) the procedure was solacking in notice or opportunity to be heard as to constitute a deprivation ofdue process;

(d)(2) the imposition ofequivalent discipline would result in grave injustice; or

(d)(3) the misconductestablished warrants substantially different discipline in Utah or is notmisconduct in this jurisdiction.

If the districtcourt determines that any of these elements exist, it shall enter such otherorder as it deems appropriate. The burden is on the respondent to demonstratethat the imposition of equivalent discipline is not appropriate.

(e) Conclusiveness ofadjudication in other jurisdictions. Except as provided in paragraphs (c) and(d) above, a final adjudication of the other court, jurisdiction or regulatorybody that a respondent has been guilty of misconduct shall establishconclusively the misconduct for purposes of a disciplinary proceeding in Utah.