Rule 114 - Reciprocal Discipline1.Duty to inform of discipline elsewhere.Upon the imposition of disciplinary sanctions or transfer to disability inactive status in another jurisdiction, an attorney subject to these rules shall inform bar counsel of the action within 30 days, regardless of any pending appeals. 2.Duties of bar counsel. Upon being informed that an attorney subject to these rules has been disciplined or transferred to disability inactive status in another jurisdiction, bar counsel shall obtain a certified copy of the order imposing discipline or transferring the attorney to disability inactive status, or other document so demonstrating. If bar counsel receives information, from a source other than the attorney, indicating that an attorney subject to these rules may have been disciplined or transferred to disability inactive status in another jurisdiction, bar counsel shall investigate the matter. If the investigation reveals that an attorney subject to these rules was in fact disciplined or transferred to disability inactive status in another jurisdiction, bar counsel shall obtain a certified copy of the order, or other document so demonstrating, and file a petition for reciprocal discipline or disability inactive status as described in subsection 3 of this rule.3.Procedure. Bar counsel shall file a petition with the supreme court, shall serve a copy of the petition on the attorney at the address on file with the state bar under SCR 79, and provide proof of service to the supreme court. The petition must contain a brief statement of the facts known to bar counsel, any Nevada Rules of Professional Conduct counterparts to the rules violated, and an attachment of the certified copy of the other jurisdiction’s order, or other document so demonstrating. The attorney shall have 15 days from the date of service to file a response, if any, with the supreme court, including any claim that the identical discipline is not warranted, predicated on the grounds set forth in subsection 4 of this rule.4. Identical discipline to be imposed; exceptions. After the time for the attorney to respond has expired, the supreme court shall impose the identical discipline unless the attorney demonstrates, or the supreme court finds, that on the face of the record upon which the discipline is predicated it clearly appears: (a) That the procedure in the other jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or (b) That there was such an infirmity of proof establishing the misconduct as to give rise to the clear conviction that the court could not, consistent with its duty, accept the decision of the other jurisdiction as fairly reached;(c) That the misconduct established warrants substantially different discipline in this state; or (d) That the misconduct established does not constitute misconduct under any Nevada Rule of Professional Conduct. If the court determines that any of the preceding factors exist, it shall enter an appropriate order.
5.Discipline elsewhere res judicata. In all other respects, a final adjudication in another jurisdiction that an attorney has engaged in misconduct conclusively establishes the misconduct for the purposes of a disciplinary proceeding in this state.Added; effective 2/15/1979; amended effective 3/1/2007; amended effective 10/26/2023.