(a) When alleged attorney misconduct is brought to the attention of the
court, the court may, in its discretion, handle the matter on its own through the use
of its inherent, statutory, or other powers; refer the matter to an appropriate state
bar or other agency for investigation and disposition; conduct an investigation on
its own or through a designee; or take any other action the court deems appropriate.
These procedures are not mutually exclusive, and nothing contained in the Local
Rules should be construed to deny the court its inherent, statutory, or other powers
to maintain control and preside over matters and proceedings conducted before it,
including any contempt proceedings that may be proceeding elsewhere for the
same conduct. Any reference made pursuant to these rules may be withdrawn by
the court at any time in its discretion.
Unless the court directs otherwise, disciplinary proceedings shall be public.
Discipline imposed under these rules may include disbarment from this
court, suspension from practice for a definite time, public or private reprimand,
monetary penalties, including the payment of costs of the disciplinary proceedings,
restitution, and/or such other discipline as the court may deem proper.
(b) When it comes to the attention of the court that a member of the bar of
this court, or other person authorized to practice in this court, has been disbarred or
suspended from practice by any other court, has been found guilty of a crime that
is a felony or involves dishonesty or false statement, or fails to satisfy any of the
court’s present requirements for admission, a notice shall be mailed to such
person’s last known residence and business addresses, requiring that person to
show cause within fourteen (14) days after the mailing of such notice why
disbarment or suspension before this court should not occur.
If the person responds by stating that the imposition of an order of
suspension or disbarment from this court is not contested, or if the person does not
respond, the court may order suspension or disbarment without further notice or
process. In its discretion, the court may also accept the person’s resignation from
the bar of this court, or from practice before this court, in lieu of suspension or
disbarment.
If the person files a timely response contesting suspension or disbarment, the
district judge to whom the matter is assigned shall determine whether suspension
or disbarment is nonetheless appropriate and the extent to which further
investigation or process is warranted. In conjunction with that determination, the
person shall promptly comply with any informational or evidentiary request made
by the district judge.
For purposes of this subsection, a finding of guilt is a verdict or judgment of
guilty, a guilty plea, or a no contest plea. Deferred acceptance of a plea, a sentence
suspension, or a conditional discharge does not change the definition of guilt for
purposes of this rule.
(c) Any person who practices in this court without authorization may be
held in contempt of court.
(d) The court may reinstate, without a hearing, any person suspended,
disbarred, or otherwise disciplined under these rules, upon written request, for
good cause shown and upon payment of the appropriate reinstatement fee.
