Further Investigation - Hearing and Opportunity for Attorney
Involved to Appear and Present Evidence. A complaint that an
attorney has violated any of the standards of conduct specified
in Rule 83-3.1.2, may come to the Committee from any
District, Bankruptcy or Magistrate Judge of the Court or from
any other person. The complaint shall be in writing addressed
to the Committee in care of the Clerk of Court. Within 10 days
of receipt, the Clerk shall serve a copy of the complaint on the
Chair of the Committee, the attorney affected and the Clerk of
the Bankruptcy Court.
Within 10 days of receipt of any such complaint, the Committee
chair shall assign the matter of possible disciplinary action
based on the complaint to one of the sections of the Committee
for initial investigation and possible disciplinary proceedings.
Any attorney of the assigned section who cannot participate
shall so notify the Chair within 10 days of assignment so that a
replacement can be assigned.
Within 60 days of receipt, the section to which such a
complaint is referred shall conduct and complete an initial
investigation. If the section determines that the complaint
should not be the subject of further disciplinary action, and the
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Committee concurs in that determination, the matter will
thereupon be closed. Notice of closing shall be promptly sent
to the complainant, the attorney affected and the Chief Judge.
If the Committee determines that the complaint should be
further investigated as being one that may result in disciplinary
action, the section shall thereupon within 60 days conduct and
complete such further investigation and inquiries as it deems
necessary. The section, in so doing, may take the testimony of
witnesses and may seek from the Chief Judge, or his or her
designee, any subpoena necessary for its investigation and the
Clerk shall promptly issue any such requested subpoena. The
affected attorney may also apply to the Chief Judge, or his or
her designee, for any necessary subpoenas.
All final disciplinary actions will be distributed to the judicial
officers of the Court. Final disciplinary action, including the
name of the attorney, will be posted on the Court’s website
when it consists of (a) disbarment; (b) suspension; (c) public
reproval; or (d) resignation with charges pending. It may be
ordered posted if the disciplinary action consists of monetary
penalties.
Other final disciplinary actions may be posted, without the
name of the attorney, to promote understanding of the level of
practice expected in this district.
The deadlines in this paragraph may be extended by the
Committee Chair for a period of up to six months, for good
cause at the request of the section or the affected attorney. The
deadlines may be extended for a longer time in consultation
with the Chief Judge.
