Margaret Jean Lowery v. Oklahoma, ex rel. Oklahoma Bar Association

Whether the Due Process Clause and Title II of the Americans with Disabilities Act permit a receiving State, after a federal district court has ordered that ADA access requirements apply to the underlying disciplinary proceedings and after the receiving State has been served with that order, to continue reciprocal discipline while treating the disabled attorney’s exclusion from meaningful participation as irrelevant to enforcement of the foreign judgment.

Whether the Due Process Clause permits a receiving State, after actual notice that a foreign disciplinary judgment lacks the constitutional predicates required by Selling v. Radford, 243 U.S. 46 (1917), including jurisdiction, meaningful ADA compliant access, due process, reliable attribution, and record integrity, to permit its disciplinary prosecutor to present that foreign judgment to the state supreme court as clean, uncontested, and selfproving without disclosing the known predicate defects.

Whether a state supreme court violates due process when, after express notice that a foreign disciplinary judgment lacks the constitutional predicates required for reciprocal enforcement and after notice of a federal ADA access order, it permits reciprocal discipline to proceed without first making an on the record determination that the foreign judgment is constitutionally enforceable, or whether the court instead has an independent supervisory duty to verify those predicates before any coercive effect may attach.