Case Caption: In Re: MoorheadCase Number: SCT-CIV-2022-0005Date: 11/28/2022Author: Per CuriamCitation: 2022 VI 20Summary: In a matter before the Court pursuant to a notice filed by the Office of Disciplinary Counsel, advising that the U.S. District Court of the Virgin Islands has issued an order suspending this attorney from the practice of law for two years, as well as responses filed by the attorney and the Board on Professional Responsibility, the Court declines to impose reciprocal discipline. While summary process has been adopted for imposing discipline on an attorney who has already been disciplined in another jurisdiction, see V.I.S.CT.R. 207.18, a lawyer facing identical discipline may rebut this presumption under one of the elements of V.I.S.CT.R. 207.18(d). When, as here, this Court concludes that reciprocal discipline may not be warranted, it simply means that the summary process shall not be invoked. The Office of Disciplinary Counsel must promptly conduct its own independent investigation of the ethical misconduct alleged in the January 25, 2022 order and the similar complaint filed with it and, if appropriate, prosecute a proceeding before the Board. The suspension order entered by the U.S. District Court did not provide the attorney the requisite notice or opportunity to be heard. Accordingly, reciprocal discipline will not be imposed. To the extent any discipline is warranted for the misconduct alleged by the District Court and similarly filed by the Office of Disciplinary Counsel, it shall be imposed after an independent investigation and, if necessary, prosecution and adjudication pursuant to Supreme Court Rule 207.Attachment: Open Document or Opinion