Local Rule LCivR 83.3: ATTORNEY DISCIPLINE

LCivR 83.3 ATTORNEY DISCIPLINE

(a) Conduct Subject to Discipline.

This Court may impose discipline on any attorney practicing before this Court, whether or not a member of the bar of this Court, who engages in conduct violating applicable Rules of Professional Conduct of the Washington State Bar, or who fails to comply with rules or orders of this Court. The discipline may consist of disbarment, suspension, reprimand, or any other action that the Court deems appropriate and just.

(b) Initiation of Disciplinary Proceedings.

(1) Written Recommendation. Where a district, magistrate, or bankruptcy judge of this district believes that conduct of an attorney may warrant disbarment, suspension, or a reprimand by the Court, as opposed to the imposition of sanctions, such judge may recommend the initiation of disciplinary proceedings by issuing a written recommendation for the initiation of disciplinary proceedings to the chief judge of this district.

(2) Order to Show Cause. The chief judge of this district, or the most senior active district judge if the chief judge is the judge recommending such action, shall review the recommendation to determine if reasonable grounds exist for the initiation of disciplinary proceedings. If the chief judge determines that disciplinary proceedings should be initiated, the chief judge shall issue an order to show cause under this rule that identifies the basis for possible discipline.

(c) Reciprocal Discipline.

(1) Notice. An attorney who is a member of the bar of this Court shall provide the Clerk of Court with a copy of any order or other official notification that the attorney has been subjected to disbarment or suspension in any other jurisdiction or has resigned from another bar during the pendency of discipline proceedings.

(2) Order to Show Cause. When this Court learns that a member of the bar of this Court has been disbarred or suspended from the practice of law by any court or resigns during the pendency of disciplinary proceedings, the Clerk of Court shall issue an order to show cause why the attorney should not be disbarred or suspended from practice in this Court. The attorney would be required to show one of the following: he or she was deprived of due process, there is insufficient proof of misconduct, or a grave injustice would result from imposition of the proposed discipline.

(d) Response.

(1) Timeliness. An attorney against whom an order to show cause is issued shall have 28 days from the date of the order in which to file a response. The failure to file a timely response may result in the imposition of discipline by the chief judge of this district, or his or her district judge designee, without further notice.

(2) Hearing Request & Waiver. The attorney may include in the response a request for a hearing, with or without oral argument. Telephonic argument may be requested. The failure to include a request for a hearing will be deemed a waiver of any right to a hearing.

(e) Hearing on Disciplinary Charges.

(1) Court Discretion. Notwithstanding an attorney's hearing request, the Court may decide that oral argument is not warranted and proceed to determine the matter on the record submitted.

(2) Referral. The chief district judge or, if the chief district judge is the judge recommending the disciplinary action or is unavailable, the most senior active judge of the district shall randomly refer the matter to an individual active or senior district judge, including the chief judge, or to a magistrate judge, other than the judge recommending the action, for a report and recommendation.

(3) Representation. The attorney may be represented by counsel who shall file a notice of appearance with the designated judge and with any attorney appointed by the Court to prosecute the matter. In appropriate cases, the chief district judge of this district, or if the chief district judge is the complaining judge, the most senior active district judge, may appoint an attorney to prosecute charges of misconduct and shall provide notice of that appointment to the attorney and his counsel, if any.

(f) Report and Recommendation.

(1) In General. When the matter is referred to a judicial officer, that judicial officer shall prepare a report and recommendation.

(2) Response. The report and recommendation shall be served on the attorney, and the attorney shall have 21 days from the date of the report and recommendation within which to file a response.

(g) Panel Determination.

(1) In general. If the attorney files a timely response to the report and recommendation, the report and recommendation, together with the response, shall be presented to a panel of three active or senior district judges of this district, other than the complaining judge.

(2) Panel Composition. Any three-judge panel shall be composed of the chief district judge, if not the complaining judge, and two other active or senior district judges, randomly drawn. If the chief district judge is the complaining judge or is unavailable, the third member of the judicial panel shall also be randomly drawn. The chief district judge or, in his or her absence, the most senior active district judge on the panel shall preside. In its discretion, the panel may call for further submittals or an in-person or telephonic hearing.

(h) Final Order.

(1) Report and Recommendation. If the attorney fails to file a timely response to the report and recommendation, the final order shall be by the chief district judge, or his or her designee district judge.

(2) Panel Determination. If the attorney files a timely response to the report and recommendation, the final order shall be by a three-judge panel.

(i) Reinstatement.

A suspended or disbarred attorney may file a petition for reinstatement with the Clerk of Court. The petition shall contain a concise statement of the circumstances of the disciplinary proceedings, the discipline imposed by this Court, and the grounds that justify reinstatement of the attorney. That petition shall be referred to a judicial officer or, if requested by the applicant after the report and recommendation, to a three-judge panel as provided above. The chief district judge shall thereafter rule on the petition, absent a request by the attorney for a three-judge panel.

(j) Confidentiality.

All proceedings under this rule shall be public, except for compelling reasons sufficient to outweigh the public's interest in disclosure.

(k) Sanctions.

(1) Conduct Subject to Sanctions.

(A) Failure to Notify Court of Settlement Prior to Jury Trial. Attorneys are expected to promptly advise the Clerk of Court when a case has settled. Failure to notify the Clerk that an action has settled or otherwise been disposed of at least one business day prior to the day on which the action is scheduled for trial may result in the Court assessing juror costs against the parties or counsel, absent good cause shown. Juror costs include Marshal's fees, mileage, and per diem.

(B) Failure to Appear or Prepare. Failure of an attorney or any party acting pro se to appear at a hearing, trial, or conference; complete the necessary preparations therefore; or meet and confer as provided by these rules may be grounds for imposition of appropriate sanctions.

(C) Failure to Conform to Local Rules. The violation of or failure to conform to any of the Local Rules of this Court may subject the offending party or his attorney, at the discretion of the Court, to appropriate discipline, including the imposition of sanctions, attorney fees, and costs as the Court may deem proper under the circumstances.

(4) Authority of Presiding Judge. Nothing in this rule shall limit the power of the Court to impose sanctions as authorized under other existing authority.

(5) Referral. This rule does not restrict the judges of this district from referring a matter to any bar association for disciplinary action.