RECIPROCAL DISCIPLINE

(a) Upon being disciplined in another jurisdiction, an attorney admitted to practice in the State of Mississippi shall forthwith, but no later than 15 days upon the imposition of such discipline, provide the Complaint Counsel a certified copy of the discipline. Failure to provide the certified copy forthwith shall, upon petition by Complaint Counsel, result in the immediate suspension of the attorney pending final resolution by the Court. The three (3) year limitations period provided in Rule 4(d) of these Rules shall not begin to run until the Bar has been given written notice of the discipline imposed by a Bar or court of another jurisdiction. (b) Upon notification from any source that an attorney admitted to practice in the State of Mississippi has been disciplined in another jurisdiction, Complaint Counsel shall obtain a certified copy of the order and file it with the Court. A final adjudication in another jurisdiction that an attorney admitted to practice in the State of Mississippi has been guilty of misconduct shall establish conclusively the misconduct for purposes of a disciplinary proceeding in the State of Mississippi. The sole issue to be determined in the disciplinary proceeding in the State of Mississippi shall be the extent of the final discipline to be imposed upon the attorney in this State, which may be more or less severe than the discipline imposed by the other jurisdiction. 33 Procedure (14.1) Upon receipt by Complaint Counsel of a certified copy of an order that an attorney admitted to practice in the State of Mississippi has been disciplined in another jurisdiction, Complaint Counsel shall present certified copies to the Court by filing a complaint and serving it upon the attorney wherein the sole issue in a disciplinary case shall be the extent of final discipline to be imposed on the attorney in the State of Mississippi, which discipline may be less or more severe then the discipline imposed by the other jurisdiction. Service upon a resident attorney shall be made consistent with Mississippi Rule of Civil Procedure 4(c). Service upon a non-resident attorney shall be made consistent with Rule 17 of these Rules. The attorney may file an answer to the complaint within thirty (30) days of service of the complaint. (14.2) The Court shall impose discipline upon the attorney unless the attorney demonstrates or the Court finds that it clearly appears upon the face of the record from which the discipline is predicated that: (a) (b) (c) The procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or 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 The discipline imposed would result in grave injustice or be offensive to the public policy of the State of Mississippi. (14.3) The burden shall be upon the attorney seeking different action in the State of Mississippi to demonstrate that the imposition of the same discipline is not appropriate. (14.4) Should the Court determine that more severe discipline may be 34 appropriate, the Court will issue a show cause notice to the attorney. The attorney may file an answer to the notice within thirty (30) days of issuance. Such answer shall address whether or not more severe discipline is warranted based on the following factors: (1) the nature of the misconduct involved, (2) the need to deter similar misconduct, (3) the preservation of the dignity and reputation of the profession, (4) protection of the public, (5) the sanctions imposed in similar cases, (6) the duty violated, (7) the lawyer’s mental state, (8) the actual or potential injury resulting from the misconduct, and (9) the existence of aggravating and/or mitigating factors.