In Matter of McCartney, 98S00-0710-DI-387 (Ind. 10-30-2007)

Full title: IN THE MATTER OF: R. ALLEN McCARTNEY Attorney No. 10868-98

Court: Supreme Court of Indiana

Date published: Oct 30, 2007

No. 98S00-0710-DI-387 (Ind. Oct. 30, 2007)

Opinion

No. 98S00-0710-DI-387.

October 30, 2007.

REVISED ORDER TO SHOW CAUSE

RANDALL T. SHEPARD, Chief Justice of Indiana.

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 R. Allen McCartney, 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 Michigan for a period of one (1) year, effective September 20, 2007.

IT IS THEREFORE ORDERED that the Indiana Supreme Court Disciplinary Commission and the respondent, R. Allen McCartney, 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.

This order supercedes the Order to Show Cause entered in this case on October 17, 2007.

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, R. Allen McCartney, at their respective addresses appearing on the official roll of attorneys.

DONE at Indianapolis, Indiana this 30th day of October, 2007