Local Rule Rule 84.6: CRIMINAL CONVICTIONS

Rule 84.6 CRIMINAL CONVICTIONS

(a) Order of Suspension. Upon the filing with this Court of a certified copy of a judgment establishing that any attorney admitted to practice before this Court has been convicted of a serious crime as defined in Rules 84.4-84.13 in any Court of the United States, or the District of Columbia, or of any state, territory, commonwealth or possession of the United States, the Court may enter an order immediately suspending, or otherwise limiting the practice of that attorney, whether the conviction resulted from a plea of guilty or nolo contendere or from a verdict after trial, and regardless of the pendency of any appeal. Such order shall direct the attorney to show cause within thirty (30) days why disbarment before this Court or some lesser punishment should not be imposed. A copy of the order shall immediately be served upon the attorney.

(b) Copy of Judgment to be Conclusive Evidence. A certified copy of a judgment of conviction of an attorney for any crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against that attorney based upon the conviction.

(c) Referral for Disciplinary Proceeding. In the event the Court suspends an attorney in accordance with the provisions of subsection (a), the Court shall refer the matter to disciplinary counsel for the institution of a disciplinary proceeding before the Court in which the sole issue to be determined is the extent of the final discipline to be imposed, provided that a disciplinary proceeding will not be brought to final hearing until all appeals from the conviction are concluded.

(d) Referral by Court to Disciplinary Counsel. Upon the filing of a certified copy of a judgment of conviction of an attorney for a crime not constituting a "serious crime" the Court may refer the matter to disciplinary counsel for whatever action disciplinary counsel may deem warranted, including the institution of a disciplinary proceeding before the Court. However the Court may, in its discretion, take no action with respect to convictions for minor offenses.

(e) Reinstatement. An attorney suspended, or otherwise limited in his or her practice, under the provisions of this Rule shall be reinstated immediately upon the filing of a certificate demonstrating that the underlying conviction of a serious crime has been reversed. The reinstatement shall not terminate any disciplinary proceeding then pending against the attorney, the disposition of which shall be determined by the Court on the basis of all available evidence pertaining to both guilt and the extent of discipline to be imposed.