In re Aulston’s Empirical Analysis

Citation profile

49 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “D. 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 or disability inactive status 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 |s(4) The misconduct established warrants substantially different discipline in this state; or (5) The reason for the original transfer to disability inactive status no longer exists.”

   10 later decisions quote this exact passage · from the majority
   e.g. In re Daly · In Re Cortigene

2. “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”

   10 later decisions quote this exact passage · from the majority
   e.g. In Re Schmidt · In Re Tyrrell

3. “only under extraordinary circumstances should there be a significant variance from the sanction imposed by the other jurisdiction.”

   3 later decisions quote this exact passage · from the majority
   e.g. In Re Schmidt · In Re Tyrrell