Local Rule LR 83.8: Loss of Membership and Discipline of Attorneys
N.D. Tex. — Attorney rule
LR 83.8 Loss of Membership and Discipline of Attorneys.
(a) Loss of Membership. A member of the bar of this court is subject to suspension or disbarment by the court under the following circumstances:
(1) if for any reason other than nonpayment of dues, failure to meet continuing legal education requirements, or voluntary resignation unrelated to a disciplinary proceeding or problem, an attorney loses, either temporarily or permanently, the right to practice law before:
(A) the courts of the State of Texas;
(B) the highest court of any other state or the District of Columbia; or
(C) any federal court; or
(2) if an attorney fails to maintain the right to practice law before the highest court of at least one state or the District of Columbia, unless the member's failure to maintain such right results from nonpayment of dues or failure to meet continuing legal education requirements.
(b) Grounds for Disciplinary Action. A presiding judge, after giving opportunity to show cause to the contrary, may take any appropriate disciplinary action against a member of the bar for:
(1) conduct unbecoming a member of the bar;
(2) failure to comply with any rule or order of this court;
(3) unethical behavior;
(4) inability to conduct litigation properly;
(5) conviction by any court of a felony or crime involving dishonesty or false statement; or
(6) having been publicly or privately disciplined by any court, bar, court agency or committee.
(c) Appeal of Disciplinary Action [REPEALED]
(d) Reporting by Members. Any member of the bar of this court who has:
(1) lost or relinquished, temporarily or permanently, the right to practice in any court of record;
(2) been disciplined, publicly or privately, by any court, bar, court agency, or committee; or
(3) been convicted of a felony or crime involving dishonesty or false statement, shall promptly report such fact in writing to the clerk, supplying full details and copies of all pertinent documents reflecting, or explaining, such action.
(e) Unethical Behavior. The term "unethical behavior," as used in this rule, means conduct undertaken in or related to a civil action in this court that violates the Texas Disciplinary Rules of Professional Conduct.
(f) Readmission. An attorney applying for readmission to the bar of this court must submit an application for readmission, together with the following materials:
(1) a full disclosure concerning the attorney's loss or relinquishment of membership in the bar of this court; and
(2) all information required by subsection (d) of this rule concerning facts that occurred prior to the date of application for readmission.
(g) Appointment of Counsel. A presiding judge shall have the right to appoint any member of the court's bar to assist in the handling of any proceeding contemplated by or resulting from this rule. An attorney appointed under this rule shall perform as requested unless relieved from doing so. An attorney desiring relief from appointment must move for such relief, which will be granted only upon a showing of good cause.
(h) Reciprocal Discipline.
i. A member of the bar who is subject to suspension or disbarment under LR 83.8(a) must be given written notice by the chief judge, or by a district judge designated by the chief judge, that the court intends to suspend or disbar the member. The notice must identify the ground for imposing reciprocal discipline and provide the member an opportunity to show cause, within the time prescribed by the notice, why the member should not be suspended or disbarred.
ii. If the member does not respond to the notice, or responds but does not oppose reciprocal discipline, the chief judge or a designee district judge may enter an appropriate order after the prescribed time for a response expires or the response is received.
iii. If the member responds and, in whole or in part, opposes reciprocal discipline, the chief judge, or a district judge designated by the chief judge, must designate three district judges to hear the matter. The decision of a majority of the three-judge panel concerning the appropriate discipline shall be the final ruling of this court.