The Maine Supreme Judicial Court has imposed reciprocal discipline for sanctions imposed in Colorado, rejecting Respondent’s argument against such action

Mr. Fulton did not argue that reciprocal discipline was not appropriate due to grounds (1) or (2). Rather, Mr. Fulton agued that reciprocal discipline would result in grave injustice or be offensive to Maine public policy and for the reason for the original order no longer exists. Mr. Fulton’s arguments included that a) the original discipline should not have been imposed and/or was unfair, b) the misconduct found to have occurred in Colorado would not have been misconduct in Maine; it has been a long time since the conduct in question occurred, d) that Mr. Fulton was only helping a friend essentially pro bono, and e) Mr. Fulton hoped to retire without his Maine reputation being tarnished.

The single justice noted the delay in reporting the Colorado action. The justice further noted that the misconduct had occurred in the course of an attorney-client relationship

(albeit Mr. Fulton believed the clients were his “best friends”), it involved multiple transactions over several years, and issues of potential conflicts of interest were raised

The justice imposed the stayed six-month suspension and probation as had been ordered in the original case.

If Mr. Fulton wishes to represent any client in the State of Maine, before he enters into that representation, he shall notify Bar Counsel and he and Bar Counsel shall agree upon by a monitor and the monitor will be engaged on terms and conditions that satisfy the Bar, Mr. Fulton and the monitor.

(Mike Frisch)