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In Re Timothy A. O'meara

March 6, 2013

IN RE TIMOTHY A. O'MEARA, ESQ.


In re O'Meara (2012-355)

ENTRY ORDER

2013 VT 17

SUPREME COURT

ORIGINAL JURISDICTION

Professional Responsibility Board PRB NO. 2012-063

In the above-entitled cause, the Clerk will enter:

¶ 1. This is a reciprocal-discipline petition concerning respondent Timothy A. O'Meara, Esq., an attorney admitted to practice in Vermont. The record before the Court may be summarized as follows.

¶ 2. In October 2012, disciplinary counsel for the Professional Responsibility Board filed a notice that respondent had been disbarred from the practice of law in New Hampshire. The notice included a certified copy of the New Hampshire Supreme Court's disbarrment decision, issued on September 18, 2012. See O'Meara's Case, 54 A.3d 762 (N.H. 2012). Pursuant to Administrative Order 9, Rule 20.B, we issued an order directing respondent to inform the Court within thirty days of any claim that imposition of the identical discipline in this state would be unwarranted and the reasons therefore, based on the grounds set forth in Rule 20.D. We subsequently granted respondent's unopposed motion to extend time, and he filed an "Answer to Notification of Discipline" on January 16, 2013. Disciplinary counsel has submitted a written response.

¶ 3. The rules governing attorney discipline provide that, when a lawyer admitted to practice in Vermont has been disciplined in another jurisdiction, the Court

shall impose the identical discipline unless the Court finds that upon the face of the record from which the discipline is predicated it clearly appears, or disciplinary counsel or the lawyer demonstrates, that:

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

(2) There was such an 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 ...


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