Opinion
Cause No. 98S00-0805-DI-253.
May 15, 2008.
[EDITORS' NOTE: THIS OPINION, WHICH WAS PUBLISHED IN THE ADVANCE SHEET AT THIS CITATION, 894 N.E.2d 972, WAS WITHDRAWN BECAUSE THE OPINION WAS NOT FOR ELECTRONIC OR REPORTER PUBLICATION.]
ORDER TO SHOW CAUSE
The Indiana Supreme Court Disciplinary Commission has filed its Verified Notice of Foreign Discipline and Petition for Issuance of an Order to Show Cause, wherein it is demonstrated that Bethanni E. Forbush-Moss, the respondent herein, an attorney admitted to practice law in the states of Indiana and Kentucky, was suspended from the practice of law in the state of Kentucky for a period of 181 days, with 30 days of active suspension and the balance of the period of suspension stayed subject to compliance with certain terms of probation during a period of one year, and ordering her to refund the excess fee of $1,235.83 effective April 14, 2008.
IT IS THEREFORE ORDERED that the Indiana Supreme Court Disciplinary Commission and the respondent, Bethanni E. Forbush-Moss, shall show cause in writing within thirty (30) days of the date of receipt of service of this order why the imposition of identical discipline in Indiana would be unwarranted. Pursuant to Ind. Admis. Disc. R. 23, § 28(d), the final order of discipline of the Supreme Court of Kentucky establishes conclusively the respondent's misconduct for purposes of this disciplinary proceeding. Pursuant to Admis. Disc. R. 23, § 28(c), any party appearing in writing to show cause why a different sanction should be ordered must demonstrate upon the face of the record in Kentucky that:
1. The procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process;
2. There was such infirmity of proof establishing the misconduct as to give rise to the clear conviction that this Court could not, consistent with its duty, accept as final the conclusion on that subject;
3. The imposition of the same discipline by this Court would be inconsistent with standards governing sanctions in Indiana or would result in grave injustice; or
4. The misconduct established warrants substantially different discipline in Indiana.
The Clerk of this Court is directed to serve a copy of this Order upon the Executive Secretary of the Indiana Supreme Court Disciplinary Commission and by certified U.S. mail, return receipt requested, upon the respondent, Bethanni E. Forbush-Moss, at their respective addresses appearing on the official roll of attorneys.