As amended through October 29, 2024
Section 20 - Reciprocal Discipline(A) Notification of Disciplinary Action. Within thirty days of the issuance of a disciplinary order in another jurisdiction, an attorney admitted to the practice of law in Ohio shall provide written notification to the Office of Disciplinary Counsel and the clerk of the Supreme Court of the action. Upon receiving notice from the attorney or another party that an attorney admitted to the practice of law in Ohio has been subjected to discipline in another jurisdiction, the Office of Disciplinary Counsel shall obtain a certified copy of the disciplinary order and file the copy with the clerk of the Supreme Court.(B)(1) Show Cause Order. Upon receipt of a certified copy of an order demonstrating that an attorney admitted to the practice of law in Ohio has been subjected to discipline in another jurisdiction, the Supreme Court shall issue a notice directed to the attorney containing both of the following: (a) A copy of the order from the other jurisdiction;(b) An order directing that the attorney notify the Supreme Court, within twenty days from the service of notice, of any claim by the attorney predicated upon the grounds set forth in division (C)(1) of this section that the imposition of the identical or comparable discipline in Ohio would be unwarranted and the reasons for that claim.(2) If the attorney files a response to a show cause order, Office of Disciplinary Counsel or a certified grievance committee may file a reply to the response within fifteen days.(C) Disposition.(1) After service of the notice issued pursuant to division (B)(1) of this section, the Supreme Court shall impose the identical or comparable discipline imposed in the other jurisdiction, unless the attorney proves either of the following by clear and convincing evidence: (a) A lack of jurisdiction or fraud in the other jurisdiction's disciplinary proceeding;(b) That the misconduct established warrants substantially different discipline in Ohio.(2) Reciprocal discipline may be imposed even if the term of the attorney's discipline in the other jurisdiction has expired. In determining whether to impose reciprocal discipline after the attorney's discipline in the other jurisdiction has expired, the Supreme Court may consider whether the attorney provided timely written notification pursuant to division (A) of this section and, if the attorney delayed in providing written notification, whether the delay in notification was caused by factors beyond the attorney's control.(3) Reciprocal discipline shall be effective on the date it is announced by the Supreme Court.(D) Res Judicata. In all other respects, a final adjudication in another jurisdiction that an attorney has been subjected to discipline shall establish conclusively the misconduct for purposes of a disciplinary proceeding in Ohio.(E) Enhancement of Sanction. If an attorney fails to report to the Office of Disciplinary Counsel and to the clerk of the Supreme Court that he or she has been subjected to discipline in another jurisdiction, the Supreme Court may enhance the sanction that it would have imposed had the attorney complied with division (A) of this section.(F) Court Discretion. The Supreme Court may make its determination under this section from the pleadings filed, or may permit or require briefs or a hearing or both.