Local Rule Civil Local Rule 2.2: Discipline

Civil Local Rule 2.2 Discipline a. General. In the event any attorney engages in conduct which may warrant discipline or other sanctions, the Court or any judge may, in addition to initiating proceedings for contempt under Title 18 U.S.C. § 401 and Rule 42, Fed. R. Crim. P., or imposing other appropriate sanctions, refer the matter to the disciplinary body of any court before which the attorney has been admitted to practice. b. Charge or Conviction of Felony 1. Any attorney charged with or convicted of a felony must report the charge or conviction within fourteen (14) days to the Clerk of the Court. 2. An attorney on the Court's CJA panel or one appointed by the Court who is charged with a felony will not be assigned any further cases and will be relieved on cases on which the attorney is appointed until further order of the Court. The attorney's cases will be reassigned as directed by the judge supervising those cases on which the attorney is relieved. 3. A non-court appointed attorney charged with a felony must show cause why they should not be removed from any pending civil or criminal case due to a conflict of interest. It will be the attorney's burden to demonstrate to each judge assigned a case on which the charged attorney wishes to appear that there is no conflict and the attorney can appropriately discharge their duties to the client. 4. Any attorney admitted to practice in this court who enters a plea of guilty to a felony, or is found guilty of a felony, must immediately be suspended from practice before this court. Upon the felony conviction becoming final, the attorney must be disbarred. The disbarred attorney may make a motion in this court within sixty days of disbarment for an order of modification of the disbarment order, as justice may require. c. The Standing Committee on Discipline. The Court will appoint from time to time, by an order entered in its minutes, a "Standing Committee on Discipline" consisting of a least five members of the bar and will designate one of the members to serve as chairperson of the committee. The members of the committee will continue in office for a period of two years or until further order of the Court. d. Discipline Following Disciplinary Proceedings in Other Courts. Upon receipt of information that an attorney admitted or permitted to practice in this court has been suspended or disbarred from practice before any court of competent jurisdiction, this court will issue an Order to Show Cause why an order of suspension or disbarment should not be imposed by this court. If an attorney opposes the imposition of prospective discipline, in the response to the Order to Show Cause, the attorney must set forth facts establishing one or more of the following: 1. The procedure in the other jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; 2. There was such infirmity of proof establishing the misconduct as to give rise to a clear conviction that the Court should not accept as final the other jurisdiction's conclusion(s) on that subject; 3. Imposition of like discipline would result in a grave injustice; or 4. Other substantial reasons exist so as to justify not accepting the other jurisdiction's conclusion(s). In addition, at the time the response is filed, the attorney must produce a certified copy of the entire record from the other jurisdiction or bear the burden of persuading the Court that less than the entire record will suffice. If an attorney files a response stating the imposition of an order of suspension or disbarment from this court is not contested, or if the attorney does not respond to the Order to Show Cause within the time specified, then the Chief Judge will issue an order of suspension or disbarment. If the attorney files a written response to the Order to Show Cause within the time specified stating that the entry of an order of suspension or disbarment is contested, then the Chief Judge will determine whether an order of suspension or disbarment should issue. e. Original Disciplinary Investigations and Proceedings Initiated in This Court. The "Standing Committee on Discipline" will investigate any charge or information, referred by one of the judges, that any member of the bar of this court or that any attorney permitted to practice in the Court has been guilty of unprofessional conduct. At the request of the committee, the Chief Judge will direct the issuance of subpoenas and subpoenas duces tecum as may be required by the investigation. In cases where a majority of the members deem it advisable, the committee will institute and prosecute a disciplinary proceeding by filing with the Clerk an appropriate petition on behalf of the committee addressed to the judges of this court. Upon the filing of the petition, the proceeding will be assigned to one of the judges in the same manner as any other civil action or proceeding. The judge to whom the proceeding is assigned will issue an order to show cause why the respondent should not be disbarred, suspended or otherwise disciplined as prayed in the petition. The order to show cause will be served upon the respondent, not more than twenty-one (21) days from the date of the order. The order will further require that a copy of the order and a copy of the petition, be served in the respondent in a manner permitted by Fed. R. Civ. P 5(b) not less than fourteen (14) days in advance of the date specified for showing cause. Except as otherwise provided by local rule, the proceeding must be governed by the Fed. R. Civ. P. Written findings of fact and an order based thereon must be filed by the judge when dismissing the proceeding or when imposing discipline. Any investigation or proceeding in accordance with this local rule must not be public unless otherwise ordered by the Court or unless and until a disbarment, suspension or public reproval has been administered. The Clerk will give prompt notice of any motion, petition or order made under Civil Local Rule 2.2.e to the United States Attorney and to the disciplinary body of the court(s) to which the attorney has been admitted to practice. f. Contempt. Disciplinary matters, proceedings and investigations under Civil Local Rule 2.2 will not affect, or be affected by, any proceeding for contempt under Title 18 U.S.C. § 401 or Fed. R. Crim. P 42.