(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 the Judge of
this Court, whether by complaint or otherwise, and the applicable procedure is not otherwise mandated
by the Rules, the Judge shall refer the matter to the Standing Committee on Discipline for investigation
and the prosecution of a formal disciplinary proceeding or the formulation of such other
recommendation as may be appropriate.
(b) Should the Committee 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 Committee should be awaited before further action by this Court is considered or
for any other valid reason, the Committee 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, the Committee shall submit its findings to this Court and
upon a showing of probable cause the Court shall issue an order requiring the respondent-attorney to
show cause within thirty (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 Attachment
"GNLR 22.4A".
(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 the Judge of this Court, provided however that if the disciplinary proceeding is predicated
upon the complaint of the Judge of this Court, the hearing shall be conducted before a District Court
Judge designated to hold court in the District Court of Guam or by the Chief Judge of the Court of
Appeals for the Ninth Circuit. The respondent-attorney shall execute the certification of all courts before
which that respondent-attorney is admitted to practice, in the form specified, and file the certification
with his or her answer.
