Local Rule LR 83.10b: ATTORNEYS CONVICTED OF A CRIME

LR 83.10b ATTORNEYS CONVICTED OF A CRIME

(a) Suspension Upon Filing of Judgment. Upon the filing of a certified copy of a judgment of conviction demonstrating that any attorney practicing before the Court has been convicted in any court of the United States, or the District of Columbia, or of any state, territory, commonwealth or possession of the United States, of a serious crime as herein defined, the Court may enter an order immediately suspending that attorney from practice until final disposition of a disciplinary proceeding before this Court, or until final disposition is made by the appropriate state bar.

(b) Definition of Serious Crime. "Serious crime" shall include any felony and also any other crime which involves false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy of solicitation of another to commit a "serious crime."

(c) Conviction of Serious Crime. Upon the filing of a certified copy of a judgment of conviction of an attorney for a serious crime, the Court may refer the matter to counsel for institution of a disciplinary proceeding before the Court, providing that a disciplinary proceeding so instituted will not be brought to final hearing until all appeals from the conviction are concluded. Alternatively, the Court may refer the matter to the appropriate state bar.

(d) Conviction of Other Crime. 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 counsel for whatever action counsel may deem warranted, including the institution of a disciplinary proceeding before the Court. Alternatively, the Court may refer the matter to the appropriate state bar. The Court is not restricted from taking such other disciplinary action as is within the inherent authority of the Court.

(e) Reinstatement after Suspension. An attorney suspended under the provisions of this rule will be reinstated immediately upon the filing of a certificate demonstrating that the conviction of a serious crime has been reversed, but the reinstatement will not terminate any disciplinary proceeding then pending, 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.