Local Rule Rule 6: Charges of Misconduct Warranting Discipline

Rule 6. Charges of Misconduct Warranting Discipline.

A. Written charges that an attorney who practices before this court engaged in conduct which might warrant disciplinary action must be addressed to the chief judge with a copy to the clerk of court.

B. Conduct which may warrant disciplinary action include:

i conduct unbecoming an attorney who practices before this court, as defined in Rule 1,

ii failure to comply with these local rules or any other rule or order of this court,

iii unethical behavior, or

iv inability to conduct litigation properly.

C. The chief judge, or his or her designee, will review the charge to determine whether the charge is frivolous. A frivolous charge will be dismissed. If the charge is deemed to be not frivolous, the clerk will open a sealed, miscellaneous matter and randomly assign it to an active district judge for further proceedings. The presiding judge or the chief judge may unseal the case sua sponte or by request. The chief judge may consolidate multiple charges filed against the same attorney or charges filed against multiple attorneys stemming from the same set of facts.

D. The presiding judge will send the charged attorney a copy of the complaint and allow the attorney an opportunity to respond.

E. After the charged attorney has responded, or if the time allotted for a response has lapsed with no response, the presiding judge may dismiss the charges or continue with the proceedings. If the presiding judge determines that a hearing is needed, the presiding judge will give at least 14 days' notice to the charged attorney of the time of the hearing, the charges to be heard, and the right to counsel at the hearing. The hearing will be held on the record in open court as a miscellaneous proceeding. Rule 1101(d)(3), Federal Rules of Evidence applies, and all witnesses must be sworn.

F. The presiding judge may appoint an attorney to investigate and prosecute the charges. Costs of the prosecutor and fees allowed by the hearing judge may be paid from the Attorney Admission Fund.

G. If the presiding judge determines that a mediation would be beneficial, the costs of such mediation may be paid from the Attorney Admission Fund.

H. The presiding judge will file his or her judgment, providing a copy to the chief judge and the attorney. If the presiding judge determines that disciplinary action should be taken, the presiding judge will make findings of violations and order either permanent disbarment, a suspension, a written or oral reprimand and whether such should be public or private with such conditions as the judge may order.

I. The presiding judge may assess costs of the proceedings incurred by the court upon the attorney if he or she is found in violation of conduct set forth in paragraph 6.B.

J. The attorney may appeal the judgment by filing a notice of appeal within 14 days of the judgment. A panel of three other randomly assigned active district judges of the court will hear the appeal. The appeal will be on the record developed at the hearing. Facts found by the presiding judge are not reviewable unless clearly erroneous. The law determined by the presiding judge is reviewable de novo. The decision of the panel is final. There is no en banc review. (Amended by General Order 2009-17, effective December 1, 2009).

K. If the membership in the Southern District Bar of the attorney being disciplined was not current at the time of the court order imposing discipline, the order can include that the attorney may not reapply for admission except under such conditions as the court may impose.