Local Rule L.R. 83-3.1.7: Presentation of Disciplinary Recommendations to the Court

L.R. 83-3.1.7 Presentation of Disciplinary Recommendations to the Court. When the Committee has determined that discipline should not be imposed, the matter will thereupon be closed. Notice of the closing shall be promptly sent to the complainant, the attorney affected, the Chief Judge, and the Clerk of the Court.

When the Committee has determined that discipline should be imposed, it shall promptly transmit to the Chief Judge and the Clerk of the Court its recommendation (in court document format) and the complete record, including the section's proposed findings of fact and conclusions of law, and shall request an order of the Court imposing the recommended discipline. A copy of the Committee's recommendation shall also be sent to the attorney affected and his or her counsel.

Within 15 days of the Chief Judge receiving a Committee recommendation, the matter of whether the Court should impose discipline shall be assigned to three judges of the Court selected at random in the same manner as civil cases are distributed, but not to include any judge who originated the complaint. The judges to whom the matter is assigned are not required to conduct any further hearing, to hear the attorney involved or his or her counsel, or to receive any further evidence or briefing before determining to issue an appropriate order. The assigned judges shall adopt, modify or reject the Committee's recommendation for the imposition of discipline. The decision of said judges shall be final. If the judges assigned determine to impose discipline, they shall sign and file an appropriate order imposing it.

Appeals from such orders shall be in accordance with the F.R.A.P.