Rule 3.5 - Reciprocal Discipline(a) Petition; Notice to Answer. Upon learning that an attorney or LP has been disciplined for misconduct in another jurisdiction not predicated upon a prior discipline of the attorney or LP pursuant to these rules, Disciplinary Counsel shall file with the Disciplinary Board Clerk a petition seeking reciprocal discipline of the attorney or LP. The petition shall include a copy of the judgment, order, or determination of discipline in the other jurisdiction; may be supported by other documents or affidavits; and shall contain a recommendation as to the imposition of discipline in Oregon, based on the discipline in the jurisdiction whose action is reported, and such other information as the Bar deems appropriate. A plea of no contest, a stipulation for discipline, or a resignation while formal charges are pending is considered a judgment or order of discipline for the purposes of this rule. If the Bar seeks imposition of a sanction greater than that imposed in the other jurisdiction, it shall state with specificity the sanction sought and provide applicable legal authority to support its position. The notice to answer shall provide that an answer to the petition must be filed with the Disciplinary Board Clerk within 21 days of service and that, absent the timely filing of an answer with the Disciplinary Board Clerk, the relief sought can be obtained. Disciplinary Counsel shall file the petition with the Disciplinary Board Clerk and shall serve a copy, along with the notice to answer, on the attorney or LP pursuant to BR 1.8.(b) Order of Judgment; Sufficient Evidence of Misconduct; Rebuttable Presumption. A copy of the judgment, order, or determination of discipline shall be sufficient evidence for the purposes of this rule that the attorney or LP committed the misconduct on which the other jurisdiction's discipline was based. There is a rebuttable presumption that the sanction to be imposed shall be equivalent, to the extent reasonably practicable, to the sanction imposed in the other jurisdiction.(c) Answer of Attorney or LP. The attorney or LP has 21 days from service to file with the Disciplinary Board an answer addressing whether:(1) The procedure in the jurisdiction which disciplined the attorney or LP was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process;(2) The conduct for which the attorney or LP was disciplined in the other jurisdiction is conduct that should subject the attorney or LP to discipline in Oregon; and(3) The imposition of a sanction equivalent to the sanction imposed in the other jurisdiction would result in grave injustice or be offensive to public policy. The attorney or LP shall mail a copy of their answer to Disciplinary Counsel and file proof of mailing with the Disciplinary Board Clerk.
(d) Default; Hearing. If no answer is timely filed, the Adjudicator may proceed to the entry of an appropriate judgment based upon review of the record. If an answer is timely filed that asserts a defense pursuant to BR 3.5(c)(1), (2), or (3), the Adjudicator, in their discretion, based upon a review of the petition, answer, and any supporting documents filed by either the Bar or the attorney or LP, may either determine on the basis of the record whether the attorney or LP should be disciplined in Oregon for misconduct in another jurisdiction and if so, in what manner, or may determine that testimony will be taken solely on the issues set forth in the answer pertaining to BR 3.5(c)(1), (2), and (3). The Adjudicator shall enter an appropriate order. The Disciplinary Board Clerk shall send copies of the order to the parties. The Adjudicator's decision shall be subject to review by the Supreme Court, as authorized in Title 10 of these rules. On review by the court, the sanction imposed in the other jurisdiction may be a factor for consideration but does not operate as a rebuttable presumption.(e) Burden of Proof. The attorney or LP has the burden of proving in any hearing held pursuant to BR 3.5(f) that due process of law was not afforded the attorney in the other jurisdiction.(f) Hearing by Trial Panel; Review by Supreme Court. If the Adjudicator decides to take testimony pursuant to BR 3.5(e), the Adjudicator shall request the regional chairperson to appoint an attorney member and a public member to serve on the trial panel. Upon receiving notice from the Disciplinary Board Clerk of a regional chairperson's appointment of an attorney member and a public member pursuant to BR 2.4, and upon determining that either no timely challenge pursuant to BR 2.4(g) was filed or that a timely filed challenge pursuant to BR 2.4(g) has either been denied or resulted in the appointment of a substitute member or members, the Adjudicator shall promptly establish the date and place of the evidentiary hearing no less than 21 days and no more than 42 days thereafter. BR 5.1 and BR 5.3 apply to the evidentiary hearing. The trial panel shall make a decision concerning the issues submitted to it. The Disciplinary Board Clerk shall send copies of the order to the parties. The trial panel's decision shall be subject to review by the Supreme Court as authorized in Title 10 of these rules. On review by the court, the sanction imposed in the other jurisdiction may be a factor for consideration but does not operate as a rebuttable presumption.(g) Application of Other Rules. Except as specifically provided herein, Title 4, Title 5, and Title 6 of the Rules of Procedure do not apply to proceedings brought pursuant to BR 3.5.(h) Suspension or Disbarment. An attorney or LP suspended or disbarred under this rule shall comply with the requirements of BR 6.3(a), (b), and (c).(i) Reinstatement Rules Apply. The rules on reinstatement apply to attorneys or LPs suspended or disbarred pursuant to the procedure set forth in BR 3.5(d), (e), and (f).(j) Independent Charges. Nothing in this rule precludes the Bar from filing a formal complaint against an attorney or LP for misconduct in any jurisdiction.Rule 3.5 amended by Order dated July 16, 1984, effective 8/1/1984. Rule 3.5h amended by Order dated March 13, 1989, effective 4/1/1989. Rule 3.5e amended by Order dated February 5, 2001. Amended by Order dated June 17, 2003, effective 7/1/2003. Former Rule 3.5d deleted; former Rule 3.5e, 3.5f, and 3.5g redesignated 3.5d, 3.5e, and 3.5f; Rule 3.5c3 and 3.5g added; Rule 3.5a, 3.5b, 3.5c, 3.5c1. 3.5c2, 3.5d, 3.5e, 3.5f, 3.5h, 3.5i, and 3.5j amended by Order dated May 3, 2017, effective 1/1/2018. Rule 3.5e amended by Order dated May 22, 2019, effective 9/1/2019. Rule 3.5(a) through (e), and (h) through (j) amended by Order dated August 17, 2022, effective 7/1/2023. Rule 3.5(c), (d), (f), amended by Order dated December 26, 2023, effective 1/1/2024.