(A) Reciprocal Discipline
When it is shown to a judge of this Court that an attorney admitted to practice in the
Central District of Illinois has been suspended or disbarred from practice in any
other Court of record, the same discipline is automatically imposed against the
attorney in the Central District of Illinois. The Chief Judge will issue an order of
automatic discipline to be served on the attorney by mail and also sent electronically
to the attorney’s email address on file. Within 30 days after the notice is
postmarked or sent electronically, whichever is later, the attorney may apply to the
Chief Judge to modify or vacate the discipline for good cause shown.
(B) Other Discipline
(1) Proceedings before the Presiding Judge.
When a judge of this Court believes there is cause to find that an attorney
admitted to practice in the Central District of Illinois has engaged in
professional misconduct before him or her, the judge shall enter an Order to
Show Cause within 14 days why the attorney (“respondent”) should not be
subject to formal disciplinary proceedings before the Chief Judge of the
District. The Order to Show Cause shall state with specificity the Illinois
Rule(s) of Professional Conduct that the presiding judge believes the
respondent violated and the factual basis for that belief.
(a) The presiding judge may discharge the Order to Show Cause upon
finding that the response rebuts the belief that the respondent
engaged in professional misconduct;
or
(b) If the respondent admits the allegations, fails to file a timely
response, or fails to rebut the belief that the respondent engaged in
professional misconduct, then the presiding judge shall refer the
respondent to the Chief Judge for formal disciplinary proceedings
within 7 days of the response deadline. The Order to Show
Cause and the response, if applicable, shall be filed in a
miscellaneous case. The presiding judge shall provide notice to
the respondent that the matter has been referred to the Chief Judge
for formal disciplinary proceedings.
(2) Formal Proceedings before the Chief Judge (or appointee, other than the
presiding judge).
(a) Within 30 days of the referral, the Chief Judge shall:
(i) Terminate the disciplinary proceedings after finding no
cause to believe the respondent committed professional
misconduct as specified in the presiding judge’s Order to
Show Cause; or
(ii) Issue a Notice of Hearing, which shall specify the date,
time, and location of the hearing. The date of the hearing
shall not be more than 30 days from the date of the issuance
of the Notice of Hearing.
(b) Hearing before the Chief Judge.
(i) The respondent may, up to 7 days before the hearing,
waive his or her right to a hearing by filing a written
Waiver of Hearing. If the respondent waives hearing, he
or she may file documentary submissions and evidence for
the Chief Judge’s consideration. If Respondent fails to
appear at the hearing without filing a Waiver of Hearing,
such a failure to appear shall be deemed an admission of
the professional misconduct alleged in the Order to Show
Cause and consent to any sanction the Chief Judge deems
appropriate.
(ii) The respondent may testify, present the testimony of
witnesses, and present other evidence, but has no right to
subpoena witnesses or documents.
(iii) The Chief Judge may call witnesses on his or her own
motion upon at least 7 days’ notice to the respondent.
(iv) The Chief Judge and the respondent may question any
witness presented.
(v) The hearing shall be recorded by a certified court reporter.
(vi) The Rules of Evidence do not apply at the hearing.
(c) Disposition.
(i) The Chief Judge shall issue a written Order concluding the
formal disciplinary proceedings.
(ii) Any disposition finding professional misconduct shall
specify the sanction.
(iii) The decision of the Chief Judge is final.
(d) Sanctions.
Sanctions for professional misconduct include private reprimand,
public censure, suspension for a determinate period of time with
automatic reinstatement, suspension for a definite period of time with
leave to seek reinstatement upon the completion of that time period,
and disbarment. If the sanction is suspension or disbarment, the Clerk
shall enter an order in pending Central District of Illinois cases in
which the respondent is representing a client and the respondent shall
send a copy of the order to the Illinois Attorney Registration and
Disciplinary Commission.
(3) Notice and Service of Papers.
The Court’s notices or orders shall be served by CM/ECF or by mail to the
respondent or counsel’s registered mailing address. The respondent shall file
all documents using CM/ECF.
(4) Counsel.
The respondent may be represented in formal proceedings before the Chief
Judge by counsel who is admitted to practice in the United States District
Court for the Central District of Illinois.
(C) Appointment of Counsel
The Court may appoint an attorney from its pro bono panel to prosecute its interests
under this Rule.
(D) Other Sanctions
Notwithstanding this Rule, but in supplement to it, the judges of this Court may
impose sanctions against a member of the bar of this Court pursuant to Rules 16 and
37 of the Federal Rules of Civil Procedure and initiate civil or criminal contempt
proceedings when appropriate.
(E) Rules of Professional Conduct
The Rules of Professional Conduct adopted by this Court are the Rules of
Professional Conduct adopted by the Supreme Court of Illinois, as amended from
time to time by that Court, except as otherwise provided by specific Rule of this
Court after consideration of comments by representatives of bar associations within
the state.
Revised 9/2024
Committee Comments:
February 1, 2024
The Committee significantly revised section (B) to create a comprehensive District-wide discipline process
administered by the Chief Judge.
Committee Comments:
September 19, 2024
The Committee removed the Rule’s former opening statement and added new Civil Local Rule 83.2. The
Chief Judge is authorized to discipline the conduct of pro se litigants and admitted attorneys on the District’s
behalf. See Civil LR 83.2.
