Oglala Sioux Sanction Draws Reciprocal Discipline

A somewhat unusual reciprocal discipline order from the North Dakota Supreme Court

The record reflects that the Supreme Court of the Oglala Sioux Nation filed an order publicly reprimanding Delorme for making a false statement to a court regarding a former judge, impugning his judicial integrity and the integrity of the Oglala Sioux courts…

On January 20, 2015, the Disciplinary Board filed its recommendation that Delorme be reprimanded. Delorme was granted a stay of these proceedings until May 4, 2015, or until disposition of Delorme’s request for reconsideration pending before the Supreme Court of the Oglala Sioux Nation, whichever was sooner. On May 6, 2015, Delorme filed a request that reciprocal discipline not be entered.

The court imposed a public reprimand.

The court’s rule is linked here and provides in part

Upon being disciplined in another jurisdiction, a lawyer admitted to practice in North Dakota shall promptly inform counsel of such action. Upon notification that a lawyer within the jurisdiction of the court has been disciplined in another jurisdiction, counsel shall obtain a certified copy of the disciplinary order and file it with the board.

In the District of Columbia, the sanction must be imposed by a state or  “disciplining court” in order to invoke reciprocal discipline.

That term is defined much more narrowly than the “another jurisdiction” language of the North Dakota rule

Section 11. Reciprocal Discipline

     (a) Definition. As used in this section,

(1) “state” shall mean any state, territory, or possession of the United States.
(2) “disciplining court” shall mean (a) any court of the United States as defined in Title 28, Section 451 of the United States Code; (b) the highest court of any state; and (c) any other agency, commission, or tribunal, however denominated, that is authorized to impose discipline effective throughout a state.

One of the most interesting interpretations of the D.C. provision involved a reciprocal sanction imposed based on disbarment in  the Trust Territory of Palau. (Mike Frisch)