Local Rule 2090-2: ATTORNEYS - DISCIPLINE AND DISBARMENT

Rule 2090-2 ATTORNEYS - DISCIPLINE AND DISBARMENT

(a) STANDARDS OF CONDUCT. Acts or omissions by an attorney practicing before this court (that violate the Rules of Professional Conduct adopted by this court) shall constitute misconduct and shall be grounds for discipline, whether or not the act or omission occurred in the course of an attorney-client relationship. The Rules of Professional Conduct adopted by this court are the Rules of Professional Conduct of the North Carolina State Bar adopted by the Supreme Court of North Carolina, as amended from time to time by that state court, except as otherwise provided by a specific rule of this court.

(b) DISCIPLINARY ENFORCEMENT. For misconduct as defined in these Local Rules, and after notice and an opportunity to be heard, any attorney practicing before this court may be disbarred, suspended from practice, reprimanded, or subjected to such other disciplinary action as the circumstances may warrant.

(c) DUTY TO INFORM THE CLERK. Any attorney practicing before this court shall, upon being subjected to public discipline by any court or by the state bar of any state, within 14 days of notification, inform the clerk of such action.

(d) REFERRAL OF COMPLAINTS TO COUNSEL OR TO A STATE BAR. When allegations of misconduct by an attorney practicing before this court come to the attention of a judge of this court, whether by complaint or otherwise, the judge may refer the matter to counsel for investigation and the prosecution of a formal disciplinary proceeding or the formulation of such other recommendation as may be appropriate. Alternatively, the judge may refer the matter to the appropriate state bar. The court is not restricted from taking such other disciplinary action as is within the inherent authority of the court.

(e) REFERRAL TO COUNSEL. Should the judge decide to refer a disciplinary matter to counsel for investigation and the prosecution of a formal disciplinary proceeding, the proceeding shall be referred and shall proceed and be conducted as set forth in Rule 83.7e of the Local Rules of the United States District Court for this judicial district.

(f) ATTORNEYS SPECIALLY APPEARING. Whenever an attorney appears in this court for purposes of a particular proceeding, the attorney shall be deemed to have conferred disciplinary jurisdiction upon this court for any alleged misconduct of that attorney arising in the course of or in the preparation for such proceeding.

(g) JURISDICTION. Nothing contained in these Local Rules shall be construed to deny to this court such powers as are necessary for the court to maintain control over proceedings conducted before it, such as proceedings for contempt or other sanctions under the Federal Rules of Civil Procedure, the Federal Rules of Bankruptcy Procedure, these Local Rules or other applicable law.