Local Rule LR83.2.10: Attorney Discipline

LR83.2.10 Attorney Discipline A. Initiation of Disciplinary Proceedings 1. Any Article III, Magistrate, or Bankruptcy judge of this District may take action to initiate attorney disciplinary proceedings in accordance with this rule.

2. A complaint of attorney misconduct initiated by one other than a judge of this Court must be filed in writing under oath with the Clerk of the Court, who will immediately refer the matter to the Chief Judge or the Chief Judge's Article III or Magistrate Judge designee for review and the imposition of disciplinary action if appropriate.

3. An attorney admitted to practice before this court must give written notice to the Clerk of Court of any adverse action affecting his or her practice of law within thirty (30) days of such adverse action, including providing copies of the documents from the Louisiana Supreme Court, or any other acting body, declaring the adverse action. In this context "adverse action" is defined as (a) the filing of formal public charges against him or her by any bar association or committee thereof; (b) issuance of a public reprimand, fine, suspension, or disbarment by any court or bar association or any committee thereof; or (c) the conviction of any felony or of any misdemeanor involving such person's practice of law. The Clerk of Court will refer all notices of adverse action to the Chief Judge or Article III designee of the Chief Judge.

B. Disciplinary Action 1. Suspension or disbarment imposed by other courts: If another federal court or the Louisiana Supreme Court takes adverse action against an attorney in the form of a suspension or disbarment of such attorney, this Court may take the same action against the attorney by signature of the Chief Judge. Nothing in this provision will prevent this Court, by majority vote, from taking a different action.

2. Fines or suspensions of 90 days or less imposed by this District: An Article III, Magistrate, or Bankruptcy judge may impose on a member of the bar of this court fines or suspension of 90 days or less without having to seek the approval of the Article III judges of the court or the Chief Judge.

3. Suspensions of greater than 90 days or disbarments imposed by this District: An Article III, Magistrate, or Bankruptcy judge of this District must refer proposed suspensions of greater than 90 days or disbarments of attorneys to the Chief Judge or the Chief Judge's Article III designee to investigate and determine a recommended action to take against the attorney. After notice to the attorney and an opportunity to be heard, the Chief Judge or his or her designee must present any recommended action against the attorney to the Article III judges of this Court. A majority vote of the Article III judges must then be taken on the recommended action at a general or special meeting or by email vote.

C. Reinstatement and Readmission 1. Reinstatement after a suspension of one year or less:

(a) Once an attorney has served an active suspension of one year or less pursuant to disciplinary proceedings, the attorney may file a petition for reinstatement with this Court setting forth that the attorney has fully complied with the requirements of the suspension order and the reasons why reinstatement should be granted. The attorney must provide copies of the documents from the Louisiana Supreme Court, or any other acting body, showing why the attorney was suspended, and when reinstated.

(b) A decision on reinstatement will be made by a majority vote of the Article III Judges after consultation at a general or special meeting or by email vote.

2. Reinstatement after a suspension of more than one year and readmission after disbarment:

(a) In the event that a member of the bar of this Court has been suspended more than one year or disbarred, the attorney may file a petition for reinstatement or readmission with this Court setting forth the reasons why reinstatement or readmission should be granted and providing documentation of the original suspension of more than one year or disbarment and copies of any action by the Louisiana Supreme Court, or any other acting body, declaring the attorney reinstated or readmitted.

(b) The petition for reinstatement or readmission will be submitted to the Article III judges of this Court who will either grant or deny the petition or refer the same to a Special Master or Magistrate Judge for a report and recommendation. Final action will be by majority vote of all the Article III judges of the Court after consultation, either at a general or special meeting or by email vote.

3. Expedited Review An attorney may, in the event of exigent circumstances and with documentation showing good cause, request the Court review a petition for reinstatement or readmission in an expedited fashion. The request will be forwarded to the Chief Judge or his or her designee for review and consideration.

D. Judicial Control Nothing in this rule will be read to limit the inherent powers of a judge to control litigation, nor to limit the powers to impose fines, penalties and sanctions granted under the Federal Rules, United States Code or as otherwise authorized by law.