Opinion
Case No. 98S00-0605-DI-177.
May 23, 2006.
ORDER TO SHOW CAUSE
On May 16, 2006, the Indiana Supreme Court Disciplinary Commission filed its Verified Notice of Foreign Discipline and Petition for Issuance of an Order to Show Cause, wherein it is demonstrated that Spurgeon Green, III, the respondent herein, an attorney admitted to the practice of law in the State of Indiana, and the State of Georgia, was disbarred in by the Supreme Court of Georgia by order dated November 21, 2005.
IT IS THEREFORE ORDERED that the Indiana Supreme Court Disciplinary Commission and the respondent, Spurgeon Green, III, 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 Georgia 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 the State of Georgia 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, Spurgeon Green, III, at their respective addresses appearing in the official roll of attorneys.