Local Rule Rule 5: Procedure
S.D. Tex. — Attorney rule
Rule 5. Procedure.
A. If an attorney who practices before this court receives discipline as set forth in Rule 3.B.iv or v, or Rule 4.B., the clerk will serve a notice and order upon the attorney involved which will become effective thirty days after the date of service, imposing reciprocal discipline in this district. The notice will be sent by mail and electronically to the last known address and email on file in the Southern District of Texas' CM/ECF data base.
B. Within 30 days of service of the notice an order, the attorney may file a motion for modification or revocation of the order, unless good cause is shown why a longer period of time is warranted. The motion must set forth, with specificity, the facts and principles relied upon by the attorney as to why a different disposition should be entered by this court. See Rule 5.D. The motion must identify all cases currently pending in the Southern District of Texas and include the attorney's clients in each matter. Timely filing of such a motion will stay the order until further notice by the court.
C. A motion seeking modification or revocation of the order will be assigned to the chief judge, or his or her designee, for review.
D. Discipline shall be imposed under this section unless the attorney establishes that:
i the procedure followed in the other jurisdiction deprived the attorney of due process,
ii the proof was so clearly lacking that this court should not accept the final conclusion of the other jurisdiction,
iii the imposition of the identical discipline would result in a grave injustice,
iv the misconduct established by the other jurisdiction warrants substantially different discipline in this court, or
v the misconduct for which the attorney was disciplined in the other jurisdiction does not constitute professional misconduct in this State or in this court.
E. The chief judge, or his or her designee, will review the attorney's motion for modification or revocation and enter an order granting or denying the motion.
F. The decision of the chief judge, or his or her designee, is final.