Local Rule 2090–2: ATTORNEYS — DISCIPLINE, SUSPENSION AND DISBARMENT

2090–2 ATTORNEYS — DISCIPLINE, SUSPENSION AND DISBARMENT

(a) Relevant Codes and Rules. The Rules of Professional Conduct adopted by the Ohio Supreme Court, as amended from time to time, apply in this court, except that service on a debtor as required by these Local Rules and the Federal Rules of Bankruptcy Procedure shall not be a violation of the Ohio Rules of Professional Conduct as an unauthorized contact with a represented person. Disciplinary standards governing the conduct of attorneys, as provided in the Model Federal Rules of Disciplinary Enforcement as adopted by the United States District Court for the Southern District of Ohio, and modified by this Local Rule, will be enforced by the bankruptcy judges, and all proceedings thereon shall be conducted in this court.

(b) Court's Inherent Power. Whenever appropriate, this court, through its inherent powers, may discipline attorneys who practice before it, including for violations of the Federal Rules of Bankruptcy Procedure, these Local Rules, orders of this court, and the Rules of Professional Conduct relating to representation of one or more parties before the court. Such disciplinary actions, for substantial cause or repetitive actions shown, will be taken only after proper notice and due process, and may include the imposition of monetary sanctions and suspension from the practice of law before this court.

(c) Special Procedure for Suspension from the United States Bankruptcy Court.

(1) Order to Show Cause. When misconduct or allegations of misconduct which, if substantiated, would warrant suspension or disbarment of an attorney admitted to practice before this court shall come to the attention of a judge of this court, whether by complaint or otherwise, and the applicable procedure is not otherwise mandated by these Local Rules, the judge shall issue an order requiring the respondent-attorney to show cause within thirty (30) days after service of that order upon the attorney why the attorney should not be disciplined.

(2) Hearing. Upon the respondent-attorney's answer to the order to show cause, if any issue of fact is raised or the respondent-attorney wishes to be heard in mitigation, the court shall set the matter for prompt hearing. If the disciplinary proceeding is predicated upon the complaint of a judge of this court, the hearing shall be conducted before a panel of three other judges of this court appointed by the chief judge of this court, or, if the chief judge is the complainant, by the active judge (other than the chief judge) having the most years of service on this court.

(3) Suspension and Notice. Unless otherwise specifically authorized, any attorney suspended from practice before this court shall be precluded from engaging in the practice of law, in a representative capacity, before this court , including, but not limited to, meeting with and counseling bankruptcy clients, reviewing and/or signing bankruptcy-related pleadings, attending creditors' meetings and bankruptcy court hearings, and communicating with creditors, debtors, trustees and parties in interest with reference to any bankruptcy case. Nothing in an interim or final order shall be construed to prohibit or excuse such a suspended attorney from compliance with applicable disciplinary and ethical requirements of the Supreme Court of the State of Ohio or any other governing body or jurisdiction. All bankruptcy clients of record of the suspended attorney will be notified of the suspension by the clerk of this court.

(4) Reinstatement to the United States Bankruptcy Court After Suspension.

(A) Reinstatement by Affidavit. An attorney suspended for three months or less shall be reinstated at the end of the period of suspension upon the filing with the court of an affidavit acceptable to the court evidencing compliance with the provisions of the order. An attorney suspended for more than three months may not resume practice until reinstated by order of this court.

(B) Reinstatement by Application. Petitions for reinstatement by an attorney suspended for more than three months under this Local Rule shall be submitted to the clerk of court by conventional filing (i.e., by paper and not electronically) for consideration by the chief judge of this court. Upon receipt of the petition, the chief judge shall promptly assign the matter for prompt hearing before one or more judges of this court, provided, however, that if the disciplinary proceeding was predicated upon the complaint of a judge of this court, the hearing shall be conducted before a panel of three other judges of this court appointed by the chief judge, or, if the chief judge was the complainant, by the active judge other than the chief judge having the most years of service on this court. The judge or judges assigned to the matter shall within thirty (30) days after referral schedule a hearing at which the petitioner shall have the burden of demonstrating by clear and convincing evidence that he has the moral qualifications, competency and learning in the law required for admission to practice law before this court and that his resumption of the practice of law will not be detrimental to the integrity and standing of the bar or to the administration of justice, or subversive of the public interest.

(C) Conditions of Reinstatement. If the petitioner is found fit to resume the practice of law, the judgment shall reinstate him, provided that the judgment may make reinstatement conditional upon the payment of all or part of the costs of the proceedings, and upon the making of partial or complete restitution to parties harmed by the petitioners whose conduct led to the suspension or disbarment. If the petitioner has been suspended for five years or more, reinstatement may be conditioned, in the discretion of the judge or judges before whom the matter is heard, upon the furnishing of proof of competency and learning in the law, which proof may include certification by the bar examiners of a state or other jurisdiction of the attorney's successful completion of an examination for admission to practice subsequent to the date of suspension.

(D) Denial of a Petition for Reinstatement. If the petitioner is found unfit to resume the practice of law, the petition shall be denied. If the petitioner has been suspended for more than two years as of the date the petition is denied, the denial shall be treated as a recommendation of disbarment, and subject to (d)(2) below.

(E) Successive Petitions. No petition for reinstatement under this Local Rule shall be filed within one year following an adverse judgment upon a petition for reinstatement filed by or on behalf of the same person.

(d) Special Procedures for Disbarment from the United States Bankruptcy Court.

(1) Recommendation of Bankruptcy Judge or Panel of Judges. The procedures set forth in (c)(1) and (2) above shall apply in any disbarment proceeding. After the hearing conducted pursuant to (c)(2) above, the bankruptcy judge or panel of three judges may recommend disbarment of an attorney from practice in the United States Bankruptcy Court for the Southern District of Ohio.

(2) Filing and Disposition of Recommendation. If the bankruptcy judge or panel of three judges recommends disbarment, the disbarment recommendation (with an attached proposed order) shall be filed with the clerk of the district court and transmitted to the chief judge of the United States District Court for the Southern District of Ohio. Upon receipt, the chief district judge will consider the disbarment recommendation without hearing, and will enter an interim order adopting the bankruptcy judge's recommendation or will reject the recommendation by order.

(3) Finality of District Judge Order. If the chief district judge adopts the recommendation and enters an interim order, the interim order shall become a final order upon the expiration of the objection period set forth in (d)(4) below or, if a timely objection is filed, upon the conclusion of any proceedings in the district court convened to review that recommendation and the issuance of an order therefrom.

(4) Objections and Hearing. An attorney objecting to any interim order issued under (d)(3) above must file such objection and a memorandum in support of the objection with the clerk of the district court within fourteen (14) days from the date the chief district judge's interim order is entered by the clerk of the district court. Any hearing on such an objection will not be a de novo hearing, but will be based upon the chief district judge's review of the bankruptcy judge's recommendation and the record of the bankruptcy court hearing.

(5) Reinstatement After Disbarment. Petitions for reinstatement after disbarment shall be submitted to the United States District Court for the Southern District of Ohio and resolved as set forth in the rules of the district court.

(e) Applicability. An attorney admitted to practice before this court pursuant to LBR 2090–1(a) shall be subject to the disciplinary processes of this court.

(f) Effective Date. This Local Rule shall become effective on the effective date of these Local Rules; provided, however, that any formal disciplinary proceeding then pending before this court shall be concluded under the procedure existing prior to the effective date of this Local Rule.