101 A.3d 1284
Vt.2014Background
- This is a reciprocal attorney-discipline proceeding to impose the same sanction as New York: a two-year suspension for respondent Katherine Z. Pope, Esq.
- In April 2014, disciplinary counsel notified the Vermont Court that Pope, admitted in New York and Vermont, received a two-year suspension in New York after a conviction for identity theft in the third degree, a class A misdemeanor.
- Pope argued under AO 9, Rule 20.D that identical discipline would be unwarranted due to potential infirmities in proof, grave injustice, or the possibility of substantially different discipline.
- Pope pleaded guilty in New York to identity theft in the third degree, admitting to knowingly assuming another’s identity with intent to defraud, obtaining that person’s property.
- Disciplinary counsel disagreed with some of Pope’s arguments but joined in seeking substantially different discipline; ultimately the Vermont court evaluated whether to impose the New York sanction.
- The court concluded the New York two-year suspension was warranted and imposed the same discipline in Vermont, citing ABA Standards and prior Vermont authority, and distinguishing Neisner for similar two-year suspensions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was infirmity of proof to avoid the identical discipline | Pope argued Rule 20.D(2) infirmity of proof | Disciplinary counsel contested infirmity, noting guilty plea admitted misconduct | No infirmity; identical discipline warranted |
| Whether imposition would result in grave injustice | Pope claimed grave injustice under Rule 20.D(3) | Disciplinary counsel did not rely on grave injustice to avoid discipline | Not established; identical discipline chosen |
| Whether substantially different discipline should be imposed | Disciplinary counsel sought substantially different discipline | Pope argued no substantial difference warranted | Court declined to impose substantially different discipline; two-year suspension imposed |
| Whether the criminal plea supports sanction | New York plea admitted identity theft and dishonesty | Pope argued plea lacked basis for broader ethical sanction | Plea supported sanction; two-year suspension appropriate |
Key Cases Cited
- In re Warren, 167 Vt. 259 (1997) (guides using ABA Standards for sanctions in misconduct cases)
- In re Berk, 157 Vt. 524 (1991) (fitness to practice and public trust concerns in sanction decisions)
- In re Neisner, 2010 VT 102 (2010) (two-year suspension for similar misconduct; reflects public protection and confidence)