Local Rule Rule 84.5: ALLEGATIONS OF MISCONDUCT

Rule 84.5 ALLEGATIONS OF MISCONDUCT

(a) Referral to Disciplinary Counsel for Investigation. When misconduct or allegations of misconduct, if substantiated, would warrant discipline of an attorney admitted to practice before this Court and no procedure is otherwise mandated by these Rules, the judge involved shall refer the matter to disciplinary counsel for investigation and prosecution of a formal disciplinary proceeding or the formulation of other appropriate recommendation.

(b) Formal Disciplinary Proceeding Not Initiated. If disciplinary counsel concludes, after investigation and review, that a formal disciplinary proceeding should not be initiated against the respondent-attorney because sufficient evidence is not present, or because there is pending another proceeding against the respondent-attorney, or for any other valid reason, the disposition of which should be deferred before further action by this Court is considered, disciplinary counsel shall file with the Court a recommendation for disposition of the matter whether by dismissal, admonition, deferral or otherwise, setting forth the reasons therefor. A copy of this recommendation shall be served upon respondent-attorney.

(c) Formal Disciplinary Proceedings. To initiate formal disciplinary proceedings, disciplinary counsel shall seek an order of this Court requiring the respondent-attorney to show cause, within thirty (30) days after service, on that attorney, why he or she should not be disciplined. The Order to Show Cause shall include the form for certification as set forth in https://www.wyd.uscourts.gov/sites/wyd/files/forms/CertAdmissPractice.pdf.

(d) Answer to Order to Show Cause. 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 issuing judge shall set the matter for prompt hearing before one or more judges of this Court. If the disciplinary proceeding is predicated upon the complaint of a judge of this Court, the hearing shall be conducted before another judge (active or senior active) appointed by the Chief Judge, or, if the Chief Judge is the complainant, then by another active judge of this Court. Unless the Chief Judge is the complainant, he or she is not precluded by these Rules from appointing himself or herself to conduct the mitigation hearing. The respondent-attorney shall execute and file with the answer the certification as forth in https://www.wyd.uscourts.gov/sites/wyd/files/forms/CertAdmissPractice.pdf.