Summary
The Supreme Court of Rhode Island imposed reciprocal discipline on Marc B. Press after the Supreme Court of Florida suspended him for one year for contempt and related misconduct. The Rhode Island court found that Press failed to promptly report the Florida suspension and ordered an identical one-year suspension, effective immediately.
Topics
Practice areas
Questions Presented
- Whether Rhode Island should impose identical reciprocal discipline after the respondent was suspended by the Supreme Court of Florida.
- Whether any exception under Article III, Rule 14(d), including lack of due process, insufficiency of proof, grave injustice, or substantially different discipline in Rhode Island, made identical reciprocal discipline unwarranted.
- Whether the respondent's failure to report the Florida discipline affected the sanction.
Holdings
- When a Rhode Island lawyer has been disciplined in another jurisdiction, identical reciprocal discipline is required unless one of the exceptions specified in Article III, Rule 14(d), is established.
- Press failed to establish any Rule 14(d) exception that would make identical reciprocal discipline unwarranted.
- A lawyer's failure to promptly report discipline imposed in another jurisdiction may be treated as an aggravating factor and may support an enhanced sanction in an appropriate case.
Key quotations
“"[U]pon being disciplined in another jurisdiction, a lawyer admitted to practice in this State shall promptly inform Disciplinary Counsel of the discipline."” (19 A.3d at 1233)
“It is the considered opinion of this Court that the imposition of reciprocal discipline is called for in this proceeding.” (19 A.3d at 1234)
Factual background
Press was admitted to practice in both Rhode Island and Florida. The Supreme Court of Florida suspended him for one year after he failed to comply with conditions imposed following an admonition, failed to comply with a show-cause order, and was held in contempt. He also delayed more than five months in reporting the Florida suspension to Rhode Island disciplinary counsel.
Procedural history
The Supreme Court of Florida suspended Marc B. Press for one year after finding him in contempt for failing to comply with disciplinary conditions and a show-cause order. Press, who was also admitted in Rhode Island, failed to promptly report the Florida discipline as required by Rhode Island's disciplinary rules. Disciplinary counsel filed a certified copy of the Florida suspension order and petitioned the Rhode Island Supreme Court for reciprocal discipline. After giving Press an opportunity to show cause, the court imposed identical discipline.