Disciplinary Enforcement Rule II: Committee on Admissions and Grievances

(a) The Committee. The Court shall appoint a standing committee of six members of the bar of this Court to be known as the Committee on Admissions and Grievances. Each member shall be appointed to serve for a term of three years. A member is eligible for reappointment to one additional term. Each member may serve until a successor has been appointed. If a member holds over after the expiration of the term for which that member was appointed, the period of the member's holdover shall be treated as part of the term of his or her successor. The Court may revoke any appointment at any time. In the case of any vacancy, the successor appointed shall serve the unexpired term of his or her predecessor. The Court shall designate one of the members of the Committee to serve as Chair.

(b) Confidentiality. Except to the extent reasonably necessary to carry out its responsibilities and unless otherwise ordered by the Court, the Committee shall treat in confidence the referral to it of an application for admission or a grievance, its consideration of such a matter, and its report to the Court.

(c) Admissions.

(1) The Court may refer to the Committee an application for admission to practice before the Court whenever that application or other available information raises a question as to whether the applicant is qualified for admission under the standards set forth in Rule 46(a) of the Federal Rules of Appellate Procedure.

(2) Upon referral by the Court of any such application for admission, the Committee shall take such action as is appropriate, subject to any special instructions from the Court, and shall report its findings and recommendations to the Court. The Committee shall provide the applicant with a copy of its findings and recommendations if the Committee recommends denial of the application.

(3) In considering applications for admission referred to it by the Court, the Committee may solicit relevant information from the applicant or from others. In addition, the applicant may submit to the Committee any information that he or she deems to be relevant, and shall be entitled to be represented by counsel.

(4) The applicant shall have the burden of establishing that he or she has the character and qualifications necessary for admission and shall cooperate with the Court and the Committee in their consideration of the application.

(d) Grievances.

(1) The Court may refer to the Committee any accusation or suggestion of misconduct on the part of any member of the bar, or any failure to comply with these rules or any rule or order of this Court, for such investigation, hearing and report as the Court deems advisable. Any such matter shall be referred to in these Rules as a Grievance.

(2) Upon referral by the Court of any Grievance, the Committee shall take such action as is appropriate, subject to any special instructions from the Court, and shall report its findings and recommendations to the Court. In such matters, the Committee shall be guided by Rule I of these Rules.

(3) The Committee shall consider each Grievance referred to it and, if in its opinion further action is warranted, it shall serve a statement thereof on the member of the bar of this Court to whom the Grievance relates, by certified mail, return receipt requested, addressed to the last office address filed with the Clerk. As respondent thereto, the member shall file an answer with the Chair of the Committee subscribed and sworn to under oath on or before thirty (30) days after the date of mailing. The Chair of the Committee, upon good cause shown, may extend the time to answer.

(4) If the Committee concludes after investigation and review that a hearing is unnecessary because (a) the facts are not in dispute, (b) sufficient evidence to support the Grievance is not present, (c) there is pending another proceeding against the respondent, the disposition of which in the judgment of the Committee should be awaited before further action is considered, or (d) a hearing is otherwise not warranted under the circumstances presented, the Committee shall report to the Court its recommendation for disposition of the matter.

(e) Hearings by the Committee.

(1) The Committee may sit as a fact-finding body and upon reasonable notice to the respondent may hold hearings on the Grievance.

(2) The respondent shall be entitled to be represented by counsel. The respondent may submit to the Committee all relevant information he or she deems appropriate and may request that the Committee consider the testimony of witnesses. The Committee may require that witnesses, including the respondent, testify under oath.

(3) The persons who may be present at the hearing are the members of the Committee, the respondent, the respondent's counsel, if any, and a witness providing testimony.

(4) At the respondent's request and expense, the hearing will be recorded.

(5) The Committee shall report its findings and recommendations to the Court. A copy of its findings and recommendations shall be forwarded simultaneously to the respondent.

(f) Duty of Respondent to Cooperate. It shall be the duty and responsibility of the respondent and his or her counsel to cooperate with the Committee. If a respondent fails to respond to the Committee, the Committee may recommend to the Court that discipline be imposed.

(g) Show Cause Order or Hearing by the Court.

(1) Upon receipt of the Committee's finding that misconduct occurred, the Court may issue an order requiring the respondent to show cause why discipline should not be imposed. The Court may invite the Committee or any member of the bar of this Court to reply to the respondent's answer to the show cause order or to pursue the Grievance against the respondent at a show cause hearing.

(2) If the Grievance is sustained, the Court may reprimand, suspend, disbar or otherwise discipline the respondent.

[As amended January 31, 2003.]