In re Chester W. Nosal

Summary

The District of Columbia Court of Appeals imposed reciprocal discipline on Chester W. Nosal after the Illinois Supreme Court suspended him for professional misconduct. The court rejected his request for a de novo evidentiary hearing, finding that he had received notice and an opportunity to participate in the Illinois proceedings and had not established any exception to the presumption favoring identical reciprocal discipline.

Holdings

1. A reciprocal discipline proceeding is not a forum for rearguing the foreign discipline, and the court would not conduct a de novo evidentiary hearing after respondent knowingly declined to participate in the foreign disciplinary hearing.
2. Identical reciprocal discipline is presumptively required unless the attorney proves by clear and convincing evidence one of the exceptions specified in D.C. Bar Rule XI, § 11(c); Nosal failed to establish any exception.
3. The court accepted the Illinois findings under principles of collateral estoppel and concluded that Nosal's Illinois violations corresponded to violations of District of Columbia disciplinary rules.

Questions Presented

1. Whether Nosal was entitled to a de novo evidentiary hearing in the District of Columbia to challenge the evidentiary basis and jurisdiction of the Illinois disciplinary proceedings.
2. Whether Nosal established by clear and convincing evidence an exception to the presumption favoring identical reciprocal discipline.
3. Whether the Illinois discipline corresponded to misconduct warranting substantially different discipline under District of Columbia rules.
4. Whether the District of Columbia should impose a two-year suspension with reinstatement conditioned on proof of fitness.

Disposition

other