The United States Attorney and his staff shall not communicate in writing with the United
States Bureau of Prisons, the United States Parole Commission, or the United States Probation
Office concerning any person remanded to the custody of the Attorney General by this court
following the sentencing of that person unless the United States Attorney shall furnish copies of
the communication to the sentencing judge. If the United States Attorney communicates orally
with the Bureau of Prisons, the Parole Commission, or the Probation Office concerning such a
person, he shall reduce the substance of the communication to writing and furnish copies to the
sentencing judge. The sentencing judge shall then determine whether such communications should
also be transmitted to the defendant and/or his attorney.
Adopted and effective February 1, 1982
Revised September 1, 1982
Local Rules of the United States District Court for the Eastern and Western Districts of Arkansas
APPENDIX
Model Federal Rules of Disciplinary Enforcement
The United States District Courts for the Eastern and Western Districts of Arkansas, in furtherance
of their inherent power and responsibility to supervise the conduct of attorneys who are admitted
to practice before it, or admitted for the purpose of a particular proceeding (pro hac vice),
promulgate the following Rules of Disciplinary Enforcement superseding all of its other Rules
pertaining to disciplinary enforcement heretofore promulgated.
RULE I
Attorneys Convicted of Crimes.
A. Upon the filing with this Court of a certified copy of a judgment of conviction
demonstrating that any attorney admitted to practice before the Court has been convicted in any
Court of the United States, or the District of Columbia, or of any state, territory, commonwealth
or possession of the United States of a serious crime as hereinafter defined, the Court shall enter
an order immediately suspending that attorney, whether the conviction resulted from a plea of
guilty, or nolo contendere or from a verdict after trial or otherwise, and regardless of the pendency
of any appeal, until final disposition of a disciplinary proceeding to be commenced upon such
conviction. A copy of such order shall immediately be served upon the attorney. Upon good cause
shown, the Court may set aside such order when it appears in the interest of justice to do so.
B. The term "serious crime" shall include any felony and any lesser crime a necessary element
of which, as determined by the statutory or common law definition of such crime in the jurisdiction
where the judgment was entered, involves false swearing, misrepresentation, fraud, willful failure
to file income tax returns, deceit, bribery, extortion, misappropriation, theft or an attempt or a
conspiracy or solicitation of another to commit a "serious crime".
Local Rules of the United States District Court for the Eastern and Western Districts of Arkansas
C. A certified copy of a judgment of conviction of any attorney for any crime shall be
conclusive evidence of the commission of that crime in any disciplinary proceeding instituted
against that attorney based upon the conviction.
D. Upon the filing of a certified copy of a judgment of conviction of an attorney for a serious
crime, the Court shall, in addition to suspending that attorney in accordance with the provisions of
this Rule, also refer the matter to counsel for the institution of a disciplinary proceeding before the
Court in which the sole issue to be determined shall be the extent of the final discipline to be
imposed as a result of the conduct resulting in the conviction, provided that a disciplinary
proceeding so instituted will not be brought to final hearing until all appeals from the conviction
are concluded.
E. Upon the filing of a certified copy of a judgment of conviction of an attorney for a crime
not constituting a "serious crime", the Court may refer the matter to counsel for whatever action
counsel may deem warranted, including the institution of a disciplinary proceeding before the
Court; provided, however, that the Court may in its discretion make no reference with respect to
convictions for minor offenses.
F. An attorney suspended under the provisions of this Rule will be reinstated immediately
upon the filing of a certificate demonstrating that the underlying conviction of a serious crime has
been reversed but the reinstatement will not terminate any disciplinary proceeding then pending
against the attorney, the disposition of which shall be determined by the Court on the basis of all
available evidence pertaining to both guilt and the extent of discipline to be imposed.
RULE II
Discipline Imposed By Other Courts.
A. Any attorney admitted to practice before this Court shall, upon being subjected to public
discipline by any other Court of the United States or the District of Columbia, or by a court of any
Local Rules of the United States District Court for the Eastern and Western Districts of Arkansas
state, territory, commonwealth or possession of the United States, promptly inform the Clerk of
this Court of such action.
B. Upon the filing of a certified or exemplified copy of a judgment or order demonstrating
that an attorney admitted to practice before this Court has been disciplined by another Court, this
Court shall forthwith issue a notice directed to the attorney containing:
1. A copy of the judgment or order from the other court; and
2. An order to show cause directing that the attorney inform this Court within 30 days
after service of that order upon the attorney, personally or by mail, of any claim by the
attorney predicated upon the grounds set forth in (D) hereof that the imposition of the
identical discipline by the Court would be unwarranted and the reasons therefor.
C. In the event the discipline imposed in the other jurisdiction has been stayed there, any
reciprocal discipline imposed in this Court shall be deferred until such stay expires.
D. Upon the expiration of 30 days from service of the notice issued pursuant to the provisions
of (B) above, this Court shall impose the identical discipline unless the respondent-attorney
demonstrates, or this Court finds, that upon the face of the record upon which the discipline in
another jurisdiction is predicated it clearly appears:
1. that the procedure was so lacking in notice or opportunity to be heard as to constitute a
deprivation of due process; or
2. that there was such an infirmity of proof establishing the misconduct as to give rise to
the clear conviction that this Court could not, consistent with its duty, accept as final
conclusion on that subject; or
3. that the imposition of the same discipline by this Court would result in grave injustice;
or
Local Rules of the United States District Court for the Eastern and Western Districts of Arkansas
4. that the misconduct established is deemed by this Court to warrant substantially
different discipline.
Where this Court determines that any of said elements exist, it shall enter such other order
as it deems appropriate.
E. In all other respects, a final adjudication in another court that an attorney has been guilty
of misconduct shall establish conclusively the misconduct for purposes of a disciplinary
proceeding in the Court of the United States.
F. This Court may at any stage appoint counsel to prosecute the disciplinary proceedings.
RULE III
Disbarment on Consent or Resignation in Other Courts
A. Any attorney admitted to practice before this Court who shall be disbarred on consent or
resign from the bar of any other Court of the United States or the District of Columbia, or from the
Bar of any state, territory, commonwealth or possession of the United States while an investigation
into allegations of misconduct is pending, shall, upon the filing with this Court of a certified or
exemplified copy of the judgment or order accepting such disbarment on consent or resignation,
cease to be permitted to practice before this Court and be stricken from the roll of attorneys
admitted to practice before this Court.
B. Any attorney admitted to practice before this Court shall, upon being disbarred on consent
or resigning from the Bar of any other Court of the United States or the District of Columbia, or
from the Bar of any state, territory, commonwealth or possession of the United States while an
investigation into allegations of misconduct is pending, promptly inform the Clerk of this Court of
such disbarment on consent or resignation.
Local Rules of the United States District Court for the Eastern and Western Districts of Arkansas
RULE IV
Standards for Professional Conduct.
A. For misconduct defined in these Rules, and for good cause shown, and after notice and
opportunity to be heard, any attorney admitted to practice before this Court may be disbarred,
suspended from practice before this Court, reprimanded or subjected to such other disciplinary
action as the circumstances may warrant.
B. Acts or omissions by an attorney admitted to practice before this Court, individually or in
concert with any other person or persons, which violate the Code of Professional Responsibility
or Rules of Professional Conduct adopted by this Court shall constitute misconduct and shall be
grounds for discipline, whether or not the act or omission occurred in the course of an attorney-
client relationship. The Code of Professional Responsibility or Rules of Professional Conduct
adopted by this Court is the Code of Professional Responsibility or Rules of Professional Conduct
adopted by the highest court of the state in which this Court sits, as amended from time to time by
that state court, except as otherwise provided by specific Rule of this Court after consideration of
comments by representatives of bar associations within the state.
RULE V
Disciplinary Proceedings.
A. When misconduct or allegations of misconduct which, if substantiated, would warrant
discipline on the part of an attorney admitted to practice before this Court shall come to the
attention of a Judge of this Court, whether by complaint or otherwise, and the applicable procedure
is not otherwise mandated by these Rules, the Judge shall refer the matter to counsel for
investigation and the prosecution of a formal disciplinary proceeding or the formulation of such
other recommendation as may be appropriate.
Local Rules of the United States District Court for the Eastern and Western Districts of Arkansas
B. Should counsel conclude after investigation and review that a formal disciplinary
proceeding should not be initiated against the respondent-attorney because sufficient evidence is
not present, or because there is pending another proceeding against the respondent-attorney, the
disposition of which in the judgment of the counsel should be awaited before further action by this
Court is considered or for any other valid reason, counsel shall file with the Court a
recommendation for disposition of the matter, whether by dismissal, admonition, deferral or
otherwise setting forth the reasons therefor.
C. To initiate formal disciplinary proceedings, counsel shall obtain an order of this Court upon
a showing of probable cause requiring the respondent-attorney to show cause within 30 days after
service of that order upon that attorney, personally or by mail, why the attorney should not be
disciplined. The order to show cause shall include the form certification of all courts before which
the respondent-attorney is admitted to practice, as specified in Form A appended to these Rules.
D. Upon the respondent-attorney's answer to the order to show cause, if any issue of fact is
raised or the respondent-attorney wishes to be heard in mitigation, this Court shall set the matter
for prompt hearing before one or more Judges of this Court, provided however that if the
disciplinary proceeding is predicated upon the complaint of a Judge of this Court the hearing shall
be conducted before a panel of three other Judges of this Court appointed by the Chief Judge, or,
if there are less than three Judges eligible to serve or the Chief Judge is the complainant, by the
Chief Judge of the Court of Appeals for this Circuit. The respondent-attorney shall execute the
certification of all courts before that respondent-attorney is admitted to practice, in the form
specified, and file the certification with his or her answer.
Local Rules of the United States District Court for the Eastern and Western Districts of Arkansas
RULE VI
Disbarment on Consent While Under Disciplinary Investigation or Prosecution.
A. Any attorney admitted to practice before this Court who is the subject of an investigation
into, or a pending proceeding involving, allegations of misconduct may consent to disbarment, but
only by delivering to this Court an affidavit stating that the attorney desires to consent to
disbarment and that:
1. the attorney's consent is freely and voluntarily rendered; the attorney is not being
subjected to coercion or duress; the attorney is fully aware of the implication of so
consenting;
2. the attorney is aware that there is a presently pending investigation or proceeding
involving allegations that there exist grounds for the attorney's discipline the nature of
which the attorney shall specifically set forth;
3. the attorney acknowledges that the material facts so alleged are true, and
4. the attorney so consents because the attorney knows that if charges were predicated
upon the matters under investigation, or if the proceeding were prosecuted, the attorney
could not successfully defend himself.
B. Upon receipt of the required affidavit, this Court shall enter an order disbarring the
attorney.
C. The order disbarring the attorney on consent shall be a matter of public record. However,
the affidavit required under the provision of this Rule shall not be publicly disclosed or made
available for use in any other proceeding except upon order of this Court.
Local Rules of the United States District Court for the Eastern and Western Districts of Arkansas
RULE VII
Reinstatement.
A. After Disbarment or Suspension. An attorney suspended for three months or less shall be
automatically reinstated at the end of the period of suspension upon the filing with the Court of an
affidavit of compliance with the provisions of the order. An attorney suspended for more than
three months or disbarred may not resume practice until reinstated by order of this Court, except
as provided in Rule XI(H).
B. Time of Application Following Disbarment. A person who has been disbarred after
hearing or by consent may not apply for reinstatement until the expiration of at least five years
from the effective date of the disbarment.
C. Hearing on Application. Petitions for reinstatement by a disbarred or suspended attorney
under this Rule shall be filed with the Chief Judge of this Court. Upon receipt of the petition,
the Chief Judge shall promptly refer the petition to counsel and shall assign the matter for prompt
hearing before one or more judges of this Court, provided however that if the disciplinary
proceeding was predicated upon the complaint of a Judge of this Court the hearing shall be
conducted before a panel of three other Judges of this Court appointed by the Chief Judge, or if
there are less than three Judges eligible to serve or the Chief Judge was the complainant, by the
