Local Rule LR83.4: Attorneys: Discipline.

LR83.4. Attorneys: Discipline.

(a) When alleged attorney misconduct is brought to the attention of the court, the court may, in its discretion, handle the matter on its own through the use of its inherent, statutory, or other powers; refer the matter to an appropriate state bar or other agency for investigation and disposition; conduct an investigation on its own or through a designee; or take any other action the court deems appropriate. These procedures are not mutually exclusive, and nothing contained in the Local Rules should be construed to deny the court its inherent, statutory, or other powers to maintain control and preside over matters and proceedings conducted before it, including any contempt proceedings that may be proceeding elsewhere for the same conduct. Any reference made pursuant to these rules may be withdrawn by the court at any time in its discretion.

Unless the court directs otherwise, disciplinary proceedings shall be public.

Discipline imposed under these rules may include disbarment from this court, suspension from practice for a definite time, public or private reprimand, monetary penalties, including the payment of costs of the disciplinary proceedings, restitution, and/or such other discipline as the court may deem proper.

(b) When it comes to the attention of the court that a member of the bar of this court, or other person authorized to practice in this court, has been disbarred or suspended from practice by any other court, has been found guilty of a crime that is a felony or involves dishonesty or false statement, or fails to satisfy any of the court's present requirements for admission, a notice shall be mailed to such person's last known residence and business addresses, requiring that person to show cause within fourteen (14) days after the mailing of such notice why disbarment or suspension before this court should not occur.

If the person responds by stating that the imposition of an order of suspension or disbarment from this court is not contested, or if the person does not respond, the court may order suspension or disbarment without further notice or process. In its discretion, the court may also accept the person's resignation from the bar of this court, or from practice before this court, in lieu of suspension or disbarment.

If the person files a timely response contesting suspension or disbarment, the district judge to whom the matter is assigned shall determine whether suspension or disbarment is nonetheless appropriate and the extent to which further investigation or process is warranted. In conjunction with that determination, the person shall promptly comply with any informational or evidentiary request made by the district judge.

For purposes of this subsection, a finding of guilt is a verdict or judgment of guilty, a guilty plea, or a no contest plea. Deferred acceptance of a plea, a sentence suspension, or a conditional discharge does not change the definition of guilt for purposes of this rule.

(c) Any person who practices in this court without authorization may be held in contempt of court.

(d) The court may reinstate, without a hearing, any person suspended, disbarred, or otherwise disciplined under these rules, upon written request, for good cause shown and upon payment of the appropriate reinstatement fee.