In re Darby

Summary

The Indiana Supreme Court imposed reciprocal discipline on Richard D. Darby, Jr., based on his disbarment by the Illinois Supreme Court for misconduct including client neglect, dishonesty, tax-related misconduct, and false bankruptcy filings. The court suspended Darby from practicing law in Indiana and made reinstatement contingent on his reinstatement in Illinois or further order of the court.

Holdings

1. Indiana must impose discipline identical to that imposed by the other jurisdiction when the Rule 23(28)(c) exceptions are not established; the respondent was therefore suspended from practicing law in Indiana and made ineligible to seek reinstatement until reinstated in Illinois or further order of the Indiana Supreme Court.
2. The final Illinois adjudication conclusively established the respondent's misconduct for purposes of the Indiana reciprocal-discipline proceeding.

Questions Presented

1. Whether Indiana should impose reciprocal discipline after Illinois disbarred the respondent for professional misconduct.
2. Whether the respondent demonstrated any basis under Indiana Admission and Discipline Rule 23(28)(c) for imposing discipline different from the Illinois discipline.

Disposition

other