IN RE: Richard L. REYNOLDS (2022)

Reciprocal discipline imposed. See per curiam.

This matter arises from a Petition to Initiate Reciprocal Discipline Proceedings filed by the Office of Disciplinary Counsel (“ODC”) against respondent, Richard L. Reynolds,¹ an attorney licensed to practice law in Louisiana, based upon discipline imposed by the Supreme Court of Mississippi.

UNDERLYING FACTS AND PROCEDURAL HISTORY

On December 10, 2020, respondent pleaded guilty in the United States District Court for the Northern District of Texas to one count of misprision of felony arising out of a bribery scheme. Respondent served a sentence of six months and was ordered to pay a fine in the amount of $25,000. On September 23, 2021, the Supreme Court of Mississippi issued an order disbarring respondent based upon his plea of guilty to a felony.

After receiving notice of the Mississippi order of discipline, the ODC filed a motion to initiate reciprocal discipline proceedings in Louisiana, pursuant to Supreme Court Rule XIX, § 21. A certified copy of the decision issued by the Supreme Court of Mississippi was attached to the motion. On November 16, 2021, this court rendered an order giving respondent thirty days to demonstrate why the imposition of identical discipline in this state would be unwarranted. Respondent failed to file any response in this court.

DISCUSSION

The standard for imposition of discipline on a reciprocal basis is set forth in Supreme Court Rule XIX, § 21(D). That rule provides:

Discipline to be Imposed. Upon the expiration of thirty days from service of the notice pursuant to the provisions of paragraph B, this court shall impose the identical discipline ․ unless disciplinary counsel or the lawyer demonstrates, or this court finds that it clearly appears upon the face of the record from which the discipline is predicated, that:

(1) The procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or

(2) Based on the record created by the jurisdiction that imposed the discipline, there was such infirmity of proof establishing the misconduct as to give rise to the clear conviction that the court could not, consistent with its duty, accept as final the conclusion on that subject; or

(3) The imposition of the same discipline by the court would result in grave injustice or be offensive to the public policy of the jurisdiction; or

(4) The misconduct established warrants substantially different discipline in this state; ․

If this court determines that any of those elements exists, this court shall enter such other order as it deems appropriate. The burden is on the party seeking different discipline in this jurisdiction to demonstrate that the imposition of the same discipline is not appropriate.

In the instant case, respondent has made no showing of infirmities in the Mississippi proceeding, nor do we discern any from our review of the record. Furthermore, we feel there is no reason to deviate from the sanction imposed in Mississippi, as only under extraordinary circumstances should there be a significant variance from the sanction imposed by the other jurisdiction. In re: Aulston, 05-1546 (La. 1/13/06), 918 So. 2d 461. See also In re Zdravkovich, 831 A. 2d 964, 968-69 (D.C. 2003) (“there is merit in according deference, for its own sake, to the actions of other jurisdictions with respect to the attorneys over whom we share supervisory authority”).

Under these circumstances, it is appropriate to defer to the Mississippi judgment imposing discipline upon respondent. Accordingly, we will impose reciprocal discipline in the form of disbarment.

DECREE

Considering the Petition to Initiate Reciprocal Discipline Proceedings filed by the Office of Disciplinary Counsel and the record filed herein, it is ordered that respondent, Richard L. Reynolds, Louisiana Bar Roll number 11206, be and he hereby is disbarred. His name shall be stricken from the roll of attorneys, and his license to practice law in the State of Louisiana shall be revoked.

FOOTNOTES

1.   Respondent is also a member of the Mississippi Bar, the Texas Bar, and the Tennessee Bar. On December 22, 2020, respondent was placed on interim suspension in Louisiana based upon his conviction of a serious crime. In re: Reynolds, 20-1340 (La. 12/22/20), 307 So. 3d 186.