(a) Disciplinary Proceedings
(1) 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
a District Judge or Magistrate Judge, whether by complaint or
otherwise, and the applicable procedure is not otherwise mandated
by these Rules, the judge should refer the matter to counsel under
SDIL-LR 83.3(a)(2) for investigation and the prosecution of a formal
disciplinary proceeding or the formulation of such other
recommendation as may be appropriate.
(2) Appointment of Counsel. Whenever counsel is to be appointed
pursuant to these Rules to investigate allegations of misconduct or
prosecute disciplinary proceedings, this Court shall appoint as
counsel the disciplinary agency of the Supreme Court of Illinois,
unless the disciplinary agency of another court has jurisdiction. If the
disciplinary agency declines appointment, or such appointment is
inappropriate, this Court may appoint as counsel one or more
members of the bar of this Court to investigate allegations of
misconduct or to prosecute disciplinary proceedings under these
Rules. The respondent-attorney may move to disqualify an attorney
so appointed upon a showing of good cause. Counsel, once
appointed, may not withdraw unless permission to do so is given by
this Court. If the disciplinary agency of the Supreme Court of Illinois,
or some other disciplinary agency that has jurisdiction, is already
investigating the allegations of misconduct at issue, the Court may,
in its discretion, defer the matter until the disciplinary agency has
completed its investigation.
(3) Should counsel conclude after investigation and review that a formal
disciplinary proceeding should not be initiated against the
respondent, counsel shall file with the Court a recommendation for
disposition of the matter, whether by dismissal, admonition,
deferral, or otherwise, setting forth the reasons for their
recommendation.
(4) To initiate formal disciplinary proceedings, counsel shall move for
an Order of this Court, upon a showing of probable cause, requiring
the respondent-attorney to show cause within 30 days after service
of that order upon that attorney, personally or by mail, why the
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respondent-attorney should not be disciplined. Except as otherwise
provided in these Rules or unless otherwise ordered by a judge, the
proceedings and filings in every disciplinary case in this Court shall
be matters of public record.
(5) 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 one or more judges of this Court, provided, however,
that if the disciplinary proceeding is predicated upon the complaint
of a judge of this Court, the hearing shall be conducted before one or
more other judges of this Court appointed by the Chief Judge.
(6) Criminal Contempt. Notwithstanding any other provision of these
Rules, a District Judge may summarily punish a person who
commits criminal contempt in its presence if they saw or heard the
contemptuous conduct and so certifies; a Magistrate Judge may
summarily punish a person as provided in 28 U.S.C. § 636(e). The
contempt order must recite the facts, be signed by the judge, and be
filed with the Clerk of Court. (See Fed. R. Crim. P. 42(b); 28 U.S.C.
§ 1784.) If the misconduct has occurred outside the actual presence
of the Court or where time is not of the essence, the provisions of
Fed. R. Crim. P. 42(a) may be applied.
(7) Service of Paper and Other Notices. Service of an order to show
cause regarding disciplinary proceedings shall be made by personal
service or by registered or certified mail addressed to the
respondent-attorney at the address shown in the most recent
registration on file. Service of any other papers or notices required
by these Rules shall be deemed to have been made if such paper or
notice is addressed to the respondent-attorney at the address shown
on the most recent registration on file or to the respondent’s attorney
at the address indicated in the most recent pleading or other
document filed in the course of any proceeding.
(8) Payment of Fees and Costs. At the conclusion of any disciplinary
investigation and prosecution, if any, under these rules, counsel may
apply to this Court for an order awarding reasonable fees and
reimbursing costs expended in the course of such disciplinary action
or prosecution. Any such order shall be submitted to the Chief Judge,
who may order payment of such amounts from the funds collected
pursuant to Rule 83.1(l), as he/she/they may deem reasonable and
just under the circumstances of each case.
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(b) Attorneys Convicted of Crimes
(1) Duty to Notify
An attorney admitted to practice in this Court, who has been
convicted in any court of any crime, has a duty to notify the Clerk of
Court in writing within 30 days of the entry of the judgment of
conviction and provide a file-stamped copy of the judgment of
conviction at issue. The Clerk of Court shall file the file-stamped
copy of the judgment of conviction upon receipt. This duty applies
whether the conviction resulted from a plea of guilty or nolo
contendere, from a verdict after trial or otherwise, regardless of the
pendency of any appeal.
(2) Automatic Suspension
Upon the filing with the Court of a file-stamped copy of a judgment
of conviction demonstrating that any attorney admitted to practice
before the Court has been convicted of a “Serious Crime,” as
hereinafter defined, in any court of the United States, the District of
Columbia, or any state, territory, commonwealth, or possession of
the United States, the Court shall immediately enter an order
suspending that attorney, whether the conviction resulted from a
plea of guilty or nolo contendere, from a verdict after trial or
otherwise, regardless of the pendency of any appeal. 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 to
be in the interest of justice to do so.
(A) Definition of “Serious Crime”
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 the 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.
(B) Executive Committee to Institute Disciplinary Proceedings
Upon the filing of a certified copy of a judgment of conviction
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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 counsel 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 for 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.
(3) Proceedings Where Attorney Convicted of Offense That Does Not
Qualify as Serious Crime
Upon the filing of a file-stamped copy of a judgment of conviction of
an attorney for a crime not constituting a Serious Crime, the Court
may refer the matter to counsel for whatever action counsel may
deem warranted, including the institution of a disciplinary
proceeding in accordance with SDIL-LR 83.3(a), provided, however,
that the Court may in its discretion make no reference with respect
to convictions for minor offenses.
(4) Judgment of Conviction as Evidence
A file-stamped 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.
(5) Reinstatement Where Conviction Reversed
An attorney suspended under the provisions of this Rule will be
reinstated immediately upon the filing of proof demonstrating that
the underlying conviction of a Serious Crime has been reversed, but
the reinstatement will not terminate any disciplinary proceeding
brought in accordance with SDIL-LR 83.3(a) 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.
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(c) Discipline Imposed by Other Court or State Bar Licensing or Disciplinary
Agency
(1) Duty to Notify
Any attorney admitted to practice before this Court shall, upon being
subjected to public discipline by any other court or state bar licensing
or disciplinary agency of the United States, the District of Columbia,
or any state, territory, commonwealth, or possession of the United
States, promptly inform the Clerk of Court.
This notice obligation applies equally to any public discipline
imposed as a result of an attorney consenting to such discipline,
including voluntary resignation from the bar of any other court of
the United States or the District of Columbia, or any state, territory,
commonwealth, or possession of the United States while an
investigation into allegations of misconduct is pending.
The Court may also initiate an investigation upon information from
any other reliable source which indicates an attorney has been
publicly disciplined in another jurisdiction.
Failure to notify the Clerk of Court may result in additional
sanctions.
(2) Rule to Show Cause
Upon the filing of a file-stamped copy of a judgment or order
demonstrating that an attorney admitted to practice before this
Court has been (1) publicly disciplined by another court or state bar
licensing or disciplinary agency, (2) publicly disciplined on consent
by another court or state bar licensing or disciplinary agency, or (3)
voluntarily resigned or was suspended from the bar of any other
court of the United States, District of Columbia, or any state,
territory, commonwealth, or possession of the United States while
an investigation into allegations of misconduct is pending, this Court
shall forthwith issue a notice directed to the attorney containing:
(A) a copy of the judgment or order from the other court or state
bar licensing or disciplinary agency; and
(B) an order to show cause directing that the attorney inform this
Court within 30 days after service of that order upon the
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attorney, personally or by mail, of any claim by the attorney
predicated upon the grounds set forth in (g) below that the
imposition of the identical discipline by the Court would be
unwarranted and the reasons why.
(d) Effect of Stay of Imposition of Discipline in Other Court or State Bar
Licensing or Disciplinary Agency
In the event any public discipline imposed in the other jurisdiction has been
stayed there, any reciprocal discipline imposed by this Court shall be
deferred until the stay expires.
(e) Imposition of Discipline; Exceptions
Upon the expiration of 30 days from service of the notice issued pursuant
to the provisions of (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:
(A) that the procedure was so lacking in notice or opportunity to
be heard as to constitute a deprivation of due process; or
(B) 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
(C) that the imposition of the same discipline by this Court would
result in grave injustice; or
(D) that the misconduct established is deemed by this Court to
warrant substantially different discipline.
(1) Disciplinary Order as Evidence
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.
Additionally, a file-stamped copy of an order demonstrating public
discipline on consent, or voluntary resignation or suspension from
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another court or state bar licensing or disciplinary agency of any
other court of the United States, District of Columbia, or any state,
territory, commonwealth, or possession of the United States while
an investigation into allegations of misconduct is pending, may
establish that the attorney should be subject to the same discipline in
this Court.
(2) Appointment of Counsel for Proceedings
The Court may at any stage appoint counsel to prosecute the
disciplinary proceedings.
(f) Disbarment on Consent While Under Disciplinary Investigation or
Prosecution
(1) 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 discipline by this Court,
but only by delivering to this Court an affidavit stating that the
attorney desires to consent to such discipline and that:
(A) the attorney’s consent is freely and voluntarily rendered, the
attorney is not being subjected to coercion or duress, and the
attorney is fully aware of the implications of consenting;
(B) the attorney is aware that there is a pending investigation or
proceeding involving allegations that there exist grounds for
the attorney’s discipline, the nature of which the attorney shall
specifically set forth;
(C) the attorney acknowledges that the material facts so alleged
are true; and
(D) the attorney so consents because the attorney knows that if the
charges were predicated upon the matters under investigation,
or if the proceedings were prosecuted, the attorney could not
successfully defend themselves.
(2) Upon receipt of the required affidavit, this Court shall enter an order
of such discipline.
(3) The order disciplining the attorney on consent shall be a matter of
public record. However, the affidavit required under the provisions
of this Rule shall not be publicly disclosed or made available for use
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in any other proceeding except upon Order of this Court.
(g) Duties of the Clerk of Court
(1) Upon being notified or otherwise informed that an attorney
admitted to practice in this Court has been convicted of any crime,
the Clerk of Court shall determine whether the court in which such
conviction occurred has forwarded a certificate of the conviction. If
a certificate has not been so forwarded, the Clerk of Court shall
promptly obtain the certificate.
(2) Upon being notified or otherwise informed that an attorney
admitted to practice in this Court has been subjected to public
discipline by another court or state licensing or disciplinary agency,
the Clerk of Court shall determine whether a certified copy of the
judgment or order has been filed with this Court, and, if not, the
Clerk of Court shall promptly obtain the judgment or order.
(3) Whenever it appears that any person convicted of a crime or
disbarred, suspended, censured, or publicly disciplined on consent
by this Court is admitted to practice law in any other jurisdiction or
before any other court, the Clerk of Court shall, within 14 days of
that conviction, disbarment, suspension, censure, or other public
discipline on consent, transmit to the disciplinary authority in such
other jurisdiction or court a certificate of the conviction or a certified
copy of the judgment or order of disbarment, suspension, censure,
or public discipline on consent, as well as the last known office and
residence addresses of the defendant or respondent.
(4) The Clerk of Court shall likewise promptly notify the National
Discipline Data Bank operated by the American Bar Association of
any order imposing public discipline upon any attorney to practice
before this Court.
(h) Jurisdiction
Nothing contained in these Rules shall be construed to deny to this Court
such powers as are necessary for the Court to maintain control over
proceedings conducted before it, such as proceedings for contempt under
Title 18 of the United States Code or under Rule 42 of the Federal Rules of
Criminal Procedure.
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(i) ABA Model Federal Rules of Disciplinary Enforcement
In instances not addressed by the Local Rules, or other applicable statutes
and rules, the Court will be guided by the American Bar Association’s
Model Federal Rules of Disciplinary Enforcement.
