UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ORDER AMENDING and ADOPTING
LOCAL RULES
Appropriate public notice and an opportunity to comment having been given and
pursuant to a majority vote of the active judges of this court;
IT IS ORDERED that the United States District Court for the Eastern District of
Louisiana Rules for Lawyer Disciplinary Enforcement are amended and the Rules for
Disability Inactive Status are adopted to read as attached, effective immediately.
New Orleans, Louisiana, this ____ day of November, 2016.
____________________________________
KURT D. ENGELHARDT, CHIEF JUDGE
UNITED STATES DISTRICT COURT
FOR THE
EASTERN DISTRICT OF LOUISIANA
RULES FOR
LAWYER DISCIPLINARY ENFORCEMENT
Amended November 17, 2016
E.D. LA. RULES FOR LAWYER DISCIPLINARY ENFORCEMENT
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
RULES FOR LAWYER DISCIPLINARY ENFORCEMENT
1. General Provisions.
1.1. Jurisdiction. This court (referred to herein as the “court” or the “en banc court”)
has jurisdiction over disciplinary proceedings for any lawyer admitted to practice
before this court.
1.2. Adoption of Louisiana Rules of Professional Conduct. The Louisiana Rules of
Professional Conduct of the Supreme Court of the State of Louisiana (“Rules of
Professional Conduct”) apply to all lawyers admitted to practice before this court.
1.3. Default Application of Federal Rules of Civil Procedure. Unless otherwise
provided by these rules, all procedures in disciplinary actions, including discovery,
are governed by the Federal Rules of Civil Procedure and this en banc court’s local
rules.
1.4. No Effect on Power of Court to Control Proceedings. Nothing contained in these
Rules restricts this court in exercising the power to maintain control over
proceedings, such as contempt proceedings.
1.5. Service. When service of any pleading, order, notice, or other document is directed
by these rules to be made by United States certified mail, return receipt requested,
such service is deemed to have been made on the day the document is mailed to
the lawyer named in the complaint (“respondent”) at the lawyer’s most recent
address in the Roll of Attorneys maintained by the clerk of court or mailed to
counsel of record for respondent in the disciplinary proceedings.
2. Self-Reporting Requirement. A lawyer who has been convicted of a felony or subjected
to public discipline in any jurisdiction must promptly inform the clerk of court of such
action and provide the clerk of court a copy of the conviction or order of another court
imposing discipline.
3. Grounds for Discipline. The court en banc may impose discipline upon a lawyer
authorized to practice before this court if it finds clear and convincing evidence that one
or more of the following circumstances exist:
3.1. Misconduct. The lawyer has committed “misconduct” as defined in the Rules of
Professional Conduct;
3.2. Serious Crime. The lawyer has been convicted of a serious crime in any court of
the United States or any of its territories, commonwealths, or possessions, or any
state of the United States, or the District of Columbia. The term “serious crime”
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E.D. LA. RULES FOR LAWYER DISCIPLINARY ENFORCEMENT
includes (1) a felony, or (2) any other crime that raises a substantial question as to
the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.
3.3. Reciprocal Discipline. The lawyer has been disciplined by any court of the United
States or any of its territories, commonwealths, or possessions; or any state of the
United States or the District of Columbia.
4. Commencement of Proceedings. Disciplinary proceedings may be commenced by any of
the following means:
4.1. By Voluntary Submission to Discipline. A member of the bar may submit his or
her voluntary resignation or request for disbarment or the imposition of other
discipline, by written request filed with the clerk of court. Once filed, such
submission must be assigned a miscellaneous number and a copy forwarded to the
Chief Judge and the Lawyer Disciplinary Committee. The clerk of court and the
Lawyer Disciplinary Committee must thereafter process the submission in the
same manner as they would process a complaint in a disciplinary proceeding under
these Rules.
4.2. By Complaint Filed With the Clerk of Court. Disciplinary proceedings under these
Rules must be commenced by filing a written complaint with the clerk of court
asserting the alleged grounds for discipline. Any person may file a disciplinary
complaint with the clerk of court.
4.3. By the Clerk of Court’s Filing of a Complaint Upon Receipt of Notice of
Conviction of a Serious Crime or Public Discipline. Upon receipt of a notice of
conviction of a serious crime or public discipline in another jurisdiction, the clerk
of court must file a complaint against the lawyer named in the notice.
4.4. Notice to Respondent, Court and Lawyer Disciplinary Committee. The clerk of
court must assign a Miscellaneous Action Number to every disciplinary
proceeding. In the event a single complaint is filed against more than one lawyer,
the clerk of court must assign a Miscellaneous Action Number with respect to each
lawyer named in the complaint. The clerk of court must forward a copy of the
complaint and attachments to the respondent, to the Chief Judge, and to the Lawyer
Disciplinary Committee. The clerk must send the complaint and attachments to
the respondent via email, and also serve the complaint and attachments via United
States certified mail, return receipt requested.
4.5. Response to Complaint by Respondent. Within 14 days of service of the complaint
and attachments, the respondent must file with the clerk of court a written response
to the complaint. The clerk of court must forward the response to the Chief Judge
and to the Lawyer Disciplinary Committee. If the respondent fails timely to
respond, the clerk of court must notify the Chief Judge and the Lawyer
Disciplinary Committee.
5. Recommendation by Lawyer Disciplinary Committee. The Lawyer Disciplinary
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E.D. LA. RULES FOR LAWYER DISCIPLINARY ENFORCEMENT
Committee assists the court with the administration of lawyer disciplinary enforcement.
Among other duties, the committee reviews disciplinary complaints and makes
recommendations to the court regarding the disposition of complaints. The committee may
conduct a limited investigation prior to making a recommendation to the court, including
non-compulsory (a) interviews and (b) requests for documents. The Committee may also
request additional documents from the original jurisdiction imposing discipline, if
applicable.
5.1. Committee Proceedings. The Lawyer Disciplinary Committee consists of twelve
(12) members of the bar appointed by the en banc court.
5.1.1. Term. Each committee member serves at the pleasure of the court.
However, the term of each committee member is usually three (3) years.
The terms of the members of the committee must be staggered so that no
more than four (4) members are replaced each year. Members may serve
no more than two full terms.
5.1.2. Quorum. The quorum necessary for the committee to act consists of seven
(7) members of the committee.
5.1.3. Majority Required to Act. The committee may act only by vote of a
majority of committee members actually participating in any meeting or
vote.
5.1.4. Recusal. Any committee member who has an actual or perceived conflict
of interest in a matter must give notice to the Chief Judge of his or her
voluntary recusal. In the event there is not a voluntary recusal, the court
may order that a committee member be recused from a matter if the court
determines there is an actual or perceived conflict of interest. The court
may appoint ad hoc members of the Lawyer Disciplinary Committee to
serve for the recused member or members if additional members are
necessary for the committee to obtain a quorum.
5.1.5. Meetings. The committee must meet or act in person, by telephone or by
email. Proxy voting is prohibited.
5.2. Committee Recommendation. Within 35 days after the clerk of court sends the
complaint to the Lawyer Disciplinary Committee, unless the time is extended by
the Chief Judge, the Lawyer Disciplinary Committee must send an internal report
making a confidential recommendation to the Chief Judge regarding disposition
of the complaint. The Lawyer Disciplinary Committee may consider the complaint
and response, the record of the original jurisdiction imposing discipline, if
applicable, and any materials obtained through t he investigation by the Lawyer
Disciplinary Committee.
5.2.1. Recommendations. The committee must recommend that the court: (a)
dismiss the complaint; (b) impose discipline without a hearing (summary
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E.D. LA. RULES FOR LAWYER DISCIPLINARY ENFORCEMENT
discipline); (c) conduct a hearing on the complaint; or (d) take other
appropriate action. The court is not bound by the committee’s
recommendation.
5.2.2. Distribution to Court. The Chief Judge must distribute the Lawyer
Disciplinary Committee’s recommendation to the court en banc.
6. Matters Resolved by Summary Discipline
6.1. Proposed Summary Discipline. The en banc court may propose that summary
discipline be imposed in any disciplinary proceeding.
6.2. Materials Considered. If the proceeding is commenced by the clerk of court
receiving notice of discipline in another jurisdiction, in determining whether to
impose summary discipline the court may consider the complaint filed by the clerk
of court with attachments and the response with attachments, all or a portion of
the record of the original jurisdiction imposing discipline, and the recommendation
of the Lawyer Disciplinary Committee including any materials obtained through
t he La w ye r Di s ci pl i na r y C o m m i t t e e ’s investigation. In all other cases,
the court may consider the complaint filed by the clerk of court with attachments
and the response with attachments, and the recommendation of the Lawyer
Disciplinary Committee including any materials obtained through t he La w ye r
Di s ci pl i n a r y C o m m i t t e e ’s investigation.
6.3. Evaluation by En Banc Court. After consideration of the materials set forth above,
the en banc court must:
6.3.1. Dismiss the complaint,
6.3.2. Impose summary discipline,
6.3.3. Docket the matter for hearing, or
6.3.4. Take such other action as the court deems appropriate.
6.4. Proposed Summary Discipline Order. In proceedings in which the court en banc
proposes that summary disciplinary action be imposed, the court must specify the
proposed summary discipline in an order to be served by the clerk of court upon
the respondent. The order proposing summary discipline must require the
respondent to show cause within 14 days after service why the proposed summary
disciplinary sanction should not be imposed. The clerk of court must send the order
to the respondent by email and serve the order on the respondent by certified mail,
return receipt requested, along with a copy of the document(s) upon which the
disciplinary proceedings are based, such as the complaint, the judgment of
conviction, or the disciplinary order or judgment of another court.
6.5. Response by Complainant. Within 14 days after service of a proposed summary
discipline order, the respondent must file a written response with the clerk of court
either (a) accepting the imposition of the proposed summary discipline, or (b)
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E.D. LA. RULES FOR LAWYER DISCIPLINARY ENFORCEMENT
requesting that the matter be docketed for hearing.
6.5.1. Acceptance or Failure to Respond. If the respondent accepts the proposed
summary discipline, or fails to respond, the court may impose the
proposed summary discipline. The clerk of court must send the
respondent the en banc court’s order imposing summary discipline by
email, and also serve the respondent with a copy of the order imposing
summary discipline by certified mail, return receipt requested.
6.5.2. Objection. If the respondent objects to the proposed summary discipline,
the matter must be docketed for a hearing.
7. Matters Docketed for Hearing
7.1. Docketing. In disciplinary proceedings docketed for hearing, the clerk of court
must send notice of the hearing to the respondent by email, and also serve the
notice of the hearing on the respondent by U.S. certified mail, return receipt
requested.
7.2. Allotment. The clerk of court must randomly allot each Miscellaneous Action
Number to one of the judges of the court for the holding of a hearing. To promote
judicial economy, conserve judicial resources, and avoid potential forum
shopping and conflicting court rulings, the Chief Judge may direct that
multiple actions involving the same subject matter or operative facts be
randomly allotted to a single judge. If a matter is allotted to the judge who
filed the complaint based upon conduct occurring in a matter to which the judge is
assigned, the clerk of court must reallot the matter to another judge.
7.3. Appointment of Lawyer Disciplinary Committee as Prosecutor. In disciplinary
proceedings docketed for hearing, the court must appoint the Lawyer Disciplinary
Committee to prosecute the matter, including conducting formal discovery, filing
and responding to pre-hearing and post-hearing motions, and otherwise assisting
in preparing for the hearing as ordered by the allotted judge. The Lawyer
Disciplinary Committee must designate one or more of its members to prosecute
the action. In the event there are insufficient appropriate members of the Lawyer
Disciplinary Committee to prosecute the action, the en banc court must appoint
ad hoc members to the Lawyer Disciplinary Committee to prosecute the action.
7.4. Hearing. The allotted judge must handle all pre-hearing motions and conduct the
hearing in the disciplinary action. In the event the misconduct is related to pending
litigation, the allotted judge has the discretion to stay the disciplinary proceeding
until such time as appropriate for the disciplinary proceeding to resume.
7.5. Consent Judgments – Reciprocal Discipline. In the event the public discipline in
another jurisdiction was based on a consent agreement and the en banc court
determines reciprocal discipline is appropriate, but the respondent objects to
reciprocal discipline in this court, the matter must be set for hearing and any
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E.D. LA. RULES FOR LAWYER DISCIPLINARY ENFORCEMENT
conditional admissions made in connection with the consent agreement may be
used against the respondent.
7.6. Consent Judgments – Not Reciprocal Discipline. In the event the public discipline
in another jurisdiction was based on a consent agreement and this court concludes
a different sanction is justified, the matter must be set for hearing and any
conditional admissions made in connection with the consent judgment may not be
used against the respondent.
7.7. Report by Allotted Judge. At the conclusion of a hearing, the allotted judge must
submit an internal report to the court en banc.
7.8. Dismissal or Imposition of Discipline by En Banc Court. After the allotted judge’s
report is submitted to the en banc court, the matter will be reallotted to the Chief
Judge. All motions filed thereafter must be submitted to and decided by the Chief
Judge. After consideration of the record, including but not limited to the complaint
and the response, the information received from a jurisdiction that has imposed
discipline, the Lawyer Disciplinary Committee’s recommendation and the results
of its limited investigation, the transcript of the hearing and any exhibits admitted
into the record, and the allotted judge’s internal report, the en banc court must
determine whether a violation occurred and, if so, the disciplinary sanctions, if
any, to be imposed and enter its order and findings either dismissing the complaint
or imposing appropriate discipline. The clerk of court must send the respondent
the en banc court’s order by email, and also serve the respondent with a copy of
the en banc court’s order by certified mail, return receipt requested.
8. Available Sanctions. The court en banc may impose the following disciplinary sanctions:
disbarment or suspension from practice before this court, public reprimand, private
admonition, monetary sanctions, restitution, probation and such other sanctions as the
court deems appropriate.
9. Post-Discipline Procedures
9.1. Payment of Expenses
9.1.1. Expenses of Prosecution Counsel. Counsel designated by the Lawyer
Disciplinary Committee or by the court to prosecute any disciplinary
action must serve without compensation but upon completion of his or
her services may file a motion with the Chief Judge seeking
reimbursement of reasonable out-of-pocket expenses, to be paid from the
court’s Attorneys’ Registration and Disciplinary Fund.
9.1.2. Assessment of Expenses. The court may assess expenses of any
disciplinary proceeding against the respondent. The respondent must
remit any such funds to the clerk of court per Rule 11 (c) of the Federal
Rules of Civil Procedure.
9.2. Notification of Disbarment or Suspension
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E.D. LA. RULES FOR LAWYER DISCIPLINARY ENFORCEMENT
9.2.1. Respondent’s Notice to Clients. Within 21 days from entry of the order
of suspension or disbarment, the lawyer so suspended or disbarred must
notify by certified mail, return receipt requested, each of the clients the
lawyer represents in this court of the fact that the lawyer cannot continue
the representation.
9.2.2. Respondent’s Affidavit. Within 28 days from entry of the order of
suspension or disbarment, the lawyer must file with the clerk of court an
affidavit stating that the lawyer has fully complied with these rules. The
affidavit must set forth the lawyer’s residence or other address to which
subsequent communications should be addressed. The lawyer must
maintain records evidencing the lawyer’s compliance with the notice
requirements of this Rule.
9.3. Reinstatement. A suspended or disbarred lawyer may practice before the court only
after the court has ordered that the lawyer be reinstated to practice.
9.3.1. Time for Filing. Sixty (60) days before the expiration of the period of
suspension imposed in the order of suspension, the suspended lawyer
may file a motion for reinstatement. A lawyer who has been disbarred
after hearing or by consent may not apply for reinstatement until the
expiration of at least five (5) years from the date of the disbarment, unless
the disbarment was based upon a disbarment by the Louisiana Supreme
Court or a court of another jurisdiction, in which case, a motion for
reinstatement may be filed at any time after readmission of the applicant
to such other court.
9.3.2. Filing of Motion for Reinstatement. The respondent must file a motion
for reinstatement with the clerk of court.
9.3.3. Summary Reinstatement. After considering a motion for reinstatement,
the en banc court may summarily reinstate a lawyer.
9.3.4. Reinstatement After Hearing. If the en banc court declines to grant a
motion for reinstatement summarily, the matter must be docketed for
hearing. The court may refer any motion for reinstatement to the Lawyer
Disciplinary Committee for investigation and recommendation. The clerk
of court must refer the motion for reinstatement to the section of court to
which the disciplinary proceeding was previously allotted, and if none,
to a randomly allotted section of the court for hearing. At the hearing on
the motion, the applicant has the burden of demonstrating, by clear and
convincing evidence, that the lawyer has the competence, character and
fitness required for readmission to practice law before this court. The
allotted judge must submit an internal report to the en banc court. Final
determination of the application for reinstatement must be made by the
en banc court.
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E.D. LA. RULES FOR LAWYER DISCIPLINARY ENFORCEMENT
9.3.5. Costs of Reinstatement. The court may order a lawyer seeking
reinstatement to pay a nonrefundable advance deposit in an amount to be
set by the court. The advance will be applied to the final expenses of the
reinstatement proceeding. Costs must be assessed to and paid by the
applicant upon conclusion of such proceeding, whether favorable or
unfavorable to the applicant.
9.3.6. Conditions of Reinstatement. If the en banc court finds the lawyer is unfit
to resume the practice of law, the court must deny the motion. If the en
banc court finds the lawyer fit to resume the practice of law, the court
must reinstate the applicant. Reinstatement may be conditioned upon
the payment of all or part of the expenses of the proceedings; upon the
making of partial or complete restitution to parties harmed by the
applicant whose conduct led to the suspension or disbarment; and other
conditions deemed proper by the court. If the lawyer has been suspended
or disbarred, reinstatement may be conditioned upon the furnishing of
proof of competency, character and fitness to practice law, which proof
may include certification by the Bar Examiners of the State or other
admitting jurisdiction of the lawyer's successful completion of an
examination for admission to practice subsequent to the date of
suspension or disbarment. The judgment must require appropriate
evidence of satisfaction of any conditions of reinstatement imposed and
must fix the time at which the reinstatement is effective.
9.3.7. Successive Applications. No motion for reinstatement under this Rule
may be filed within one year following an adverse ruling on a motion for
reinstatement.
10. Miscellaneous Provisions
10.1. Confidentiality. All disciplinary proceedings must be conducted under seal, unless
the respondent requests a hearing in open court. Notwithstanding the foregoing, a
complainant or respondent is not prohibited from making public any documents
or information in that person’s possession unless otherwise prohibited by law.
10.1.1. Complaints of misconduct and other records of disciplinary proceedings
may not be made public by the clerk of court, the court or the Lawyer
Disciplinary Committee prior to the en banc court’s issuance of an order
and reasons imposing discipline, except upon order of the en banc court.
10.1.2. In the event the en banc court issues an order and reasons imposing public
discipline, the documents filed in the official record of this court must be
made public by the clerk of court no sooner than 20 days thereafter. A
respondent may, for good cause shown, file a motion requesting sealing
or redaction of the record within 19 days following the order and reasons
imposing public discipline.
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E.D. LA. RULES FOR LAWYER DISCIPLINARY ENFORCEMENT
10.1.3. In the event the en banc court issues an order and reasons imposing an
interim suspension in a proceeding instituted under Section 11.2 hereof,
the complaint with attachments and any response may not be made public
by the clerk of court, the court or the Lawyer Disciplinary Committee.
Upon request, the en banc court must determine no sooner than 20 days
thereafter whether any documents filed in the official record of an interim
suspension proceeding will be made public. Provided, if a request is made
for the records to be made public, a respondent may within 19 days
following the request, and for good cause shown, file a motion requesting
sealing or redaction of the record.
10.2. Interim Suspension for Threat or Harm
10.2.1. Commencement of Interim Suspension Proceedings. Interim suspension
proceedings must be commenced by filing a written complaint with the
clerk of court asserting the grounds for interim suspension and requesting
that the court suspend the lawyer from practice pending further orders of
the court. Any person may file a complaint for interim suspension with
the clerk of court. The petitioner must attach to the petition any
supporting evidence (including any order of interim suspension issued by
another court). The clerk must attempt to provide actual notice to the
respondent that a complaint for interim suspension has been filed and that
the lawyer has seven days to file a response by sending the complaint and
attachments to the respondent via email and serving the complaint and
attachments upon respondent via email and certified mail, return receipt
requested. Provided, if actual notice cannot be given, the clerk of court
must certify in writing the efforts that have been made to provide actual
notice to the respondent.
10.2.2. Grounds. The en banc court may issue an order imposing an interim
suspension from practice before this court upon determining there is clear
and convincing evidence the lawyer:
10.2.2.1. has committed a serious violation of the Rules of Professional
Conduct, and
10.2.2.2. presents a substantial threat of serious harm to the court or to
any person.
10.2.3. Immediate Interim Suspension. The en banc court may consider the
complaint and attachments filed with the clerk of court and any response
and attachments filed by the respondent to determine whether the
requirements for an interim suspension have been met. If so, the en banc
court must:
10.2.3.1. immediately suspend the lawyer, pending final disposition of
a disciplinary proceeding predicated upon the conduct causing
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E.D. LA. RULES FOR LAWYER DISCIPLINARY ENFORCEMENT
the harm, as set forth herein;
10.2.3.2. order the lawyer to show cause by a date and time certain why
the court should not issue an immediate interim suspension
and, if the lawyer is unable to do so on the date and time
specified, immediately suspend the lawyer, pending final
disposition of a disciplinary proceeding predicated upon the
conduct causing the harm, as set forth herein; or,
10.2.3.3. take such other action as it deems appropriate.
10.2.4. Service of the Order of Interim Suspension. The clerk must attempt to
provide actual notice to the respondent that an order of interim suspension
has been issued by sending the order to the respondent via email and
serving the order upon respondent via email and certified mail, return
receipt requested. Provided, if actual notice of the issuance of the order
cannot be given, the clerk of court must certify in writing the efforts that
have been made to provide actual notice to the respondent.
10.2.5. Motion for Dissolution of Interim Suspension. A lawyer suspended on an
interim basis may move the en banc court to dissolve or to modify the
order of interim suspension. The motion must be accompanied by a brief
setting forth specific reasons why the suspension should be dissolved or
modified, and any supporting evidence. The en banc court must dissolve
an order of interim suspension unless there is clear and convincing
evidence that the grounds for interim suspension still exist.
* * * END * * *
12
RULES FOR
DISABILITY INACTIVE STATUS
OF THE
UNITED STATES DISTRICT COURT
FOR THE
EASTERN DISTRICT OF LOUISIANA
Adopted November 17, 2016
E.D. LA. RULES FOR DISABILITY INACTIVE STATUS
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
RULES FOR DISABILITY INACTIVE STATUS
1. General Provisions.
1.1. Jurisdiction. This court (referred to herein as the “court” or the “en banc court”)
has jurisdiction over disability proceedings for any lawyer admitted to practice
before this court.
1.2. Default Application of Federal Rules of Civil Procedure. Unless otherwise
provided by these rules, all proceedings regarding disability inactive status,
including discovery, are governed by the Federal Rules of Civil Procedure and
this en banc court’s local rules.
1.3. No Effect on Power of Court to Control Proceedings. Nothing contained in these
Rules restricts this court in exercising the power to maintain control over
proceedings, such as contempt proceedings.
1.4. Service. When service of any pleading, order, notice, or other document is directed
by these rules to be made by certified mail, return receipt requested, such service
is deemed to have been made on the day the document is mailed to the lawyer
named in the complaint (“respondent”) at the lawyer’s most recent address in the
Roll of Attorneys maintained by the clerk of court or mailed to counsel of record
for respondent in the disciplinary proceedings.
2. Action Number. The clerk of court must assign a Miscellaneous Action Number to
every proceeding commenced regarding disability inactive status. The clerk of court
shall forward a copy of the submission and attachments to the Chief Judge.
3. Involuntary Commitment or Adjudication of Incompetency. If a lawyer has been
judicially declared incompetent or is involuntarily committed on the grounds of
incompetency or disability, the Chief Judge, upon proper proof of the fact, shall enter
an order immediately transferring the lawyer to disability inactive status for an
indefinite period until the further order of the court. A copy of the order transferring
the lawyer to disability inactive status shall be sent to the respondent or his or her legal
representative by email and served on the lawyer or the lawyer’s legal representative,
or the director of the institution to which the lawyer has been committed, if applicable,
by United States certified mail, return receipt requested.
4. Transfer to Disability Inactive Status When No Disciplinary Proceeding is Pending.
Any lawyer claiming that he or she should be transferred to disability inactive status,
when there is no disciplinary proceeding or investigation pending, shall file an
appropriate pleading in this court. The lawyer shall append to the pleading pertinent
information, documentation, and evidence which supports the lawyer's claim that he or
she should be transferred to disability inactive status. The lawyer shall also certify in
the pleading that there is no disciplinary proceeding or investigation pending against
him or her. The pleading and attachments shall be filed under seal. The en banc court
E.D. LA. RULES FOR DISABILITY INACTIVE STATUS
may then summarily transfer the lawyer to disability inactive status, without the need
for a hearing, or take any other action the court deems appropriate. A copy of the order
transferring the lawyer to disability inactive status shall be sent to the respondent or his
or her legal representative by email and served on the lawyer or the lawyer’s legal
representative by United States certified mail, return receipt requested.
5. Transfer to Disability Inactive Status When Disciplinary Proceeding is Pending.
5.1. When a disciplinary proceeding is pending, a lawyer may not apply for disability
inactive status unless he or she alleges an inability to assist in his or her defense
due to mental or physical incapacity. When such an allegation is made, the Chief
Judge shall immediately transfer the lawyer to interim disability inactive status
pending a hearing to determine the validity of the claim, and all disciplinary
proceedings shall be stayed pending this determination.
5.2. The hearing shall be conducted before a judge randomly allotted the case on
expedited basis and shall be confidential. Within fifteen (15) days of the hearing,
or as soon thereafter as is practicable, the allotted judge shall file an internal
report to the en banc court.
5.3. If, after reviewing the internal report of the allotted judge and materials
submitted by the lawyer, the en banc court determines the claim of inability to
defend is valid, the disciplinary proceeding or investigation shall be deferred and
the respondent shall be transferred to disability inactive status until the court
subsequently considers a petition for transfer to active status. In the event the
respondent is transferred back to active status, the interrupted disciplinary
proceeding or investigation may be resumed.
5.4. If, after receiving the internal report of the allotted judge and materials submitted
by the lawyer, the en banc court determines the claim of inability to defend to
be invalid, the disciplinary proceeding or investigation shall resume
immediately. A finding by the en banc court that the lawyer’s claim of an
inability to assist in his/her defense due to mental or physical incapacity was
frivolous may be considered in recommending discipline in the underlying
proceeding.
6. Notification to Clients. Within 21 days from entry of an order placing a lawyer on
disability inactive status, the lawyer assuming inactive status, or the lawyer’s legal
representative, must notify by certified mail, return receipt requested, each of the
clients the lawyer represents in this court of the fact that the lawyer cannot continue to
represent them.
7. Respondent’s Affidavit. Within 28 days from entry of the order placing the lawyer on
disability inactive status, the lawyer assuming inactive status, or the lawyer’s legal
representative, must file with the clerk of court an affidavit stating that the lawyer has
fully complied with these rules. The affidavit must set forth the lawyer’s residence or
other address to which subsequent communications may be addressed. The lawyer
must maintain records evidencing the lawyer’s compliance with this Rule.
8. Transfer to Active Status from Disability Inactive Status.
8.1. Generally. No respondent transferred to disability inactive status may resume
E.D. LA. RULES FOR DISABILITY INACTIVE STATUS
active status except by order of this court.
8.2. Petition. A lawyer who has been placed on disability inactive status may file to
be placed on active status at any time.
8.3. Examination. Upon the filing of a petition for transfer to active status, the en
banc court may take or direct whatever action it deems necessary or proper to
determine whether the disability has been removed, including a direction for an
examination of the respondent by qualified medical experts designated by the
court. In its discretion, the en banc court may direct that the expense of the
examination be paid by the respondent.
* * * END * * *
