(a) The Standing Committee on Discipline. The Court will appoint from time to time, by an order, a
"Standing Committee on Discipline" consisting of five members of the bar and will designate one of the
members to serve as Chairman of the Committee. The members of the committee shall continue in
office for a period of three years or until further order of the judge.
(b) Attorneys Convicted of Crimes.
(1) 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.
(2) 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."
(3) A certified copy of a judgment of conviction of an 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.
(4) 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 the Standing Committee on Discipline 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.
(5) 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 the Standing Committee on
Discipline for whatever action the Committee 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.
(6) 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.
(c) Discipline Imposed by Other Courts.
(1) 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
state, territory, commonwealth or possession of the United States, promptly inform the clerk of
this Court of such action.
(2) 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:
(A) a copy of the judgment or order from the other court; and
(B) an order to show cause directing that the attorney inform this Court within thirty
(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 (c)(2)(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 thirty (30) days from service of the notice issued pursuant to
the provisions of (c)(2) 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:
(i) that the procedure was so lacking in notice or opportunity to be heard as to
constitute a deprivation of due process; or
(ii) 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 the conclusion on that subject; or
(iii) that the imposition of the same discipline by this Court would result in grave
injustice; or
(iv) 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.
(3) 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 this Court.
(4) This Court may at any stage refer the matter to the Standing Committee on Discipline for
selection of counsel to prosecute the disciplinary proceedings.
