Local Rule 83.6.6: TEMPORARY SUSPENSION

RULE 83.6.6 TEMPORARY SUSPENSION

(a) Temporary Suspension Generally. The presiding judge, in accordance with this rule, may enter a temporary restraining order or preliminary injunction under Fed. R. Civ. P. 65 immediately suspending an attorney's right to practice law in this court or in the bankruptcy court of this district, pending the outcome of a disciplinary proceeding under these rules.

(b) No Temporary Suspension by Complaining Judicial Officer. A complaint, referral, or report and recommendation seeking an order of temporary suspension shall be referred to the presiding judge in accordance with L.R. 83.6.5(c). An order of temporary suspension shall not be entered by a judicial officer who presided over the case or matter, if any, in which the alleged misconduct occurred.

(c) Notice and Hearing. No order of temporary suspension may be made without notice to the attorney and an opportunity to be heard.

(d) Standard for Temporary Suspension. The presiding judge shall consider the following factors when determining whether to issue an order of temporary suspension:

(1) whether a disciplinary complaint has a substantial likelihood of success on the merits and is likely to result in an order of suspension or disbarment;

(2) whether the attorney's continued practice of law in this court pending the outcome of any disciplinary proceedings presents a significant ongoing risk of harm to the public;

(3) whether the balance of equities, including a weighing of the ongoing risk of harm to the public against the harm to the attorney resulting from an immediate suspension, warrants suspension; and

(4) whether the public interest favors entry of the order.

(e) Written Report by District Judge. If a district judge determines that an attorney should be the subject of an order of temporary suspension, the district judge shall issue an order to show cause why an attorney should not be immediately suspended from practice in the district court and a written report setting forth the basis of the judge's belief. The order to show cause and written report shall be served on the attorney with a date by which the attorney should respond. The matter shall be immediately referred to the presiding judge, who shall consider it on an expedited basis.

(f) Report and Recommendation by Bankruptcy Judge or Magistrate Judge. If a bankruptcy judge or magistrate judge believes that an attorney should be the subject of an order of temporary suspension, the bankruptcy judge or magistrate judge shall issue an order to show cause why the attorney should not be immediately suspended from practice in the district court and a report and recommendation to the district court setting forth the facts warranting such relief. The order to show cause and report and recommendation shall be served on the attorney with a date by which the attorney should respond. The order to show cause and the report and recommendation shall be immediately referred to the presiding judge, who shall consider the matter on an expedited basis.

(g) Modification of Suspension. After notice and hearing, and for good cause shown, the presiding judge may vacate or modify any order of temporary suspension issued under this rule.

(h) Formal Disciplinary Proceedings. If a formal disciplinary proceeding has not yet been initiated under L.R. 83.6.5(g) at the time the order of temporary suspension is requested or issued, such a proceeding shall be initiated reasonably promptly thereafter.

Effective January 1, 2015.