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People v. Campbell2/24/1997
to treat it as if it were a reciprocal proceeding because the respondent restricts his practice to Texas and the Texas disciplinary proceeding went forward first because of that fact. Given the circumstances in this case, we agree that analysis under C.R.C.P. 241.17 is appropriate.
Therefore, in determining the appropriate discipline, we consider only the conduct for which the respondent was disciplined in Texas: the respondent's lawsuit against Dr. Truppo and the respondent's action in conditioning dismissal of the lawsuit on Dr. Truppo's dismissal of the disciplinary charges. Even though the respondent has admitted to violations of R.P.C. 1.15(b), R.P.C. 1.15(c), and R.P.C. 8.4(c), arising from his failure to pay Dr. Truppo what he owed him, we do not take this into account in the analysis under C.R.C.P. 241.17.
In a proceeding under C.R.C.P. 241.17 we generally impose the same discipline that was imposed in the other jurisdiction unless certain exceptions exist. People v. Meyer, 908 P.2d 123, 124 (Colo. 1995). C.R.C.P. 241.17(d) provides in relevant part:
At the Conclusion of proceedings brought under this Rule, the hearing panel shall refer the matter to the Supreme Court with the recommendation that the same discipline be imposed by the Supreme Court as was imposed by the foreign jurisdiction unless it is determined by the hearing panel that:
(1) The procedure followed in the foreign jurisdiction did not comport with requirements of due process of law;
(2) The proof upon which the foreign jurisdiction based its determination of misconduct is so infirm that the Supreme Court cannot, consistent with its duty, accept as final the determination of the foreign jurisdiction;
(3) The imposition by the Supreme Court of the same discipline as was imposed in the foreign jurisdiction would result in grave inJustice; or
(4) The misconduct proved warrants that a substantially different form of discipline be imposed by the Supreme Court.
In the stipulation, the parties agreed that none of the above exceptions apply. The respondent has not been previously disciplined in this state and we conclude that the misconduct admitted to does not justify a substantially different form of discipline in this state. See C.R.C.P. 241.17(d). We have decided to accept the conditional admission and the inquiry panel's recommendation.
III
Austin Barton Campbell is hereby publicly censured. It is ordered that the respondent pay the costs of this proceeding in the amount of $48.57 within thirty days after the announcement of this opinion to the Supreme Court Grievance Committee, 600 Seventeenth Street, Suite 920-S, Denver, Colorado 80202.
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