In Re Kersey

[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit No. 01-2746 IN RE: GEORGE E. KERSEY, Petitioner. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE [Hon. Paul J. Barbadoro, U.S. District Judge] Before Boudin, Chief Judge, Torruella and Lipez, Circuit Judges. George E. Kersey on brief pro se. July 29, 2002 Per Curiam. Attorney George E. Kersey appeals from a district court order suspending him from the practice of law for three months and requiring that he purge himself of an out- of-state contempt citation before seeking reinstatement. The district court's sanction, coming in a reciprocal-discipline case in New Hampshire, mirrors that imposed first by the Massachusetts Supreme Judicial Court (SJC), see In re Kersey, 432 Mass. 1020 (2000) (rescript), cert. denied, 531 U.S. 1127 (2001), and more recently by several other tribunals including the New Hampshire Supreme Court, see In re Kersey, No. LD-2001- 006 (2001), cert. denied, 122 S. Ct. 1206 (2002); cf. In re Kersey, 797 A.2d 864 (N.H. 2002). We review a district court's choice of sanction for abuse of discretion. See, e.g., In re Cordova-Gonzalez, 996 F.2d 1334, 1335 (1st Cir. 1993) (per curiam). None being apparent, we affirm. Kersey's principal assignment of error consists of an assault upon the SJC's decision. He acknowledges both that he violated a 1993 order of the Vermont Family Court and that he never purged himself of the ensuing contempt citation. Yet he contends (without supporting documentation) that he had fully complied with that order within a year of its issuance. For this reason, Kersey asserts that the most appropriate sanction was not a three-month suspension, as the SJC determined, but rather a reprimand. As he notes, two other courts have deemed -2- the latter sanction to be suitable punishment for his misconduct. See In re Kersey, 170 N.J. 409 (2002); In re Kersey, 729 N.Y.S.2d 780, 783 (N.Y. App. Div. 2001) (per curiam). Yet as a matter of Massachusetts law, Kersey's argument overlooks the SJC's conclusion that "the appropriate discipline for