(a) Complaint of Misconduct. Any complaint of misconduct shall be filed with the chief
judge. The complaint may be in the form of a letter. The chief judge shall refer it to the
Executive Committee for consideration and appropriate action.
(b) Action by Executive Committee. On receipt of a complaint of misconduct, the Committee
may forward a copy to the attorney and ask for a response within a time set by the Committee.
On the basis of the complaint of misconduct and any response, the Committee may—
(1) determine that the complaint merits no further action, or
(2) direct that formal disciplinary proceedings be commenced, or
(3) take such other action as the Committee deems appropriate, including the
assignment of an attorney pursuant to LR 83.29.
(c) Statement of Charges; Service. To initiate formal disciplinary proceedings based on
allegations of misconduct, the Executive Committee shall issue a statement of charges. In
addition to setting forth the charges, the statement of charges shall include an order requiring
the attorney to show cause, within 14 days after service, why the attorney should not be
disciplined.
Upon issuance of the statement of charges, the Clerk shall send the order by: (1) certified mail
to the attorney’s last known address with return receipt requested; (2) shipping services (e.g.,
UPS/FedEx) with signature required; (3) CM/ECF; or (4) email. Any one of these methods is
sufficient to provide notice under this rule. A If the statement is returned as undeliverable, the
Clerk shall so notify the Executive Committee. The Executive Committee may direct that
further attempts at service be made, either personal service by a private process server or by
the United States marshal, or by publication. Personal service shall be accomplished in the
manner provided by Fed.R.Civ.P. 5(b) for service other than by mail.
Service by publication shall be accomplished by publishing a copy of the rule to show cause
portion of the statement in accordance with the provisions of LR 83.3. Except as
otherwise directed by the Executive Committee, the division of the Court in which the notice is
to be published will be as follows:
(1) where the last known address of the attorney is located in the District, the division
in which the address is located; or,
(2) where no address is known or the last known address is outside of the District,
the Eastern Division.
(d) Answer; Declaration. The attorney shall file, with the answer to the statement of charges,
a declaration identifying all courts before which the attorney is admitted to practice. The form
of the declaration shall be established by the Executive Committee.
(e) Assignment to Individual Judge. Following the filing of the answer to the statement of
charges, if the Executive Committee determines that an evidentiary hearing is required, the
proceeding shall be assigned by lot for a prompt hearing before a judge of this Court. The
assigned judge shall not be one who was a member of the Executive Committee that
determined that an evidentiary hearing was required. The decision of the assigned judge shall
be final.
(f) Disbarment on Consent. Any attorney admitted to practice before this Court who is the
subject of an investigation into, or a pending proceeding involving, allegations of misconduct
may consent to disbarment, but only by delivering a declaration stating that the attorney
desires to consent to disbarment and that:
(1) the attorney’s consent is freely and voluntarily rendered;
(2) the attorney is not being subjected to coercion or duress;
(3) the attorney is fully aware of the implications of so consenting;
(4) the attorney is aware that there is presently pending an investigation or
proceeding involving allegations that there exist grounds for the attorney’s
discipline, the nature of which the attorney shall specifically set forth; and
(5) the attorney acknowledges that the material facts so alleged are true.
Upon receipt of the required declaration, the Executive Committee shall enter an order
disbarring the attorney. The order of disbarment on consent shall be a matter of public record.
However, the declaration shall not be publicly disclosed or made available for use in any other
proceeding except where the Executive Committee orders such release after finding it to be
required in the interests of justice.
An order imposing suspension or disbarment shall be entered on every docket in the attorney’s
pending cases. A copy of the order shall be sent by: (1) certified mail to the attorney’s last
known address with return receipt requested; (2) shipping services (e.g., UPS/FedEx) with
signature required; (3) CM/ECF; or (4) email. Any one of these methods is sufficient to provide
notice under this rule. A
Amended May 24, 2013, December 23, 2016, September 19, 2019, and April 21, 2022
