UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ORDER AMENDING LAWYER DISCIPLINARY ENFORCEMENT RULES
Public notice and an opportunity having been given, pursuant to a majority vote of the
active judges of this court;
IT IS ORDERED that effective December 3, 2018, the Rules for Lawyer Disciplinary
Enforcement and the Rules for Disability Inactive Status of the United States District Court for the
Eastern District of Louisiana are hereby amended as follows:
AMENDMENTS TO THE RULES FOR LAWYER DISCIPLINARY ENFORCEMENT
4.6. Inactive Status. A lawyer’s voluntary transfer to inactive status shall not
terminate the disciplinary proceeding.
5. Recommendation by Lawyer Disciplinary Committee. The Lawyer Disciplinary
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. The Committee may request non-
compulsory (a) interviews and (b) requests production of documents. The
Committee may issue subpoenas for documents. and the appearance of
witnesses, with the approval of the Chief Judge. The Committee may also
request additional documents from the original jurisdiction imposing discipline, if
applicable.
6.5.3. Proceedings Following Consent Discipline. After consent discipline is
imposed, the matter will be reallotted to the Chief Judge. All motions filed
thereafter must be submitted to and decided by the Chief Judge.
AMENDMENTS TO THE RULES FOR DISABILITY INACTIVE STATUS
1.5. Confidentiality. All pleadings and attachments containing confidential health
information shall be filed under seal.
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 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.
New Orleans, Louisiana, this 3rd day of December, 2018.
________________________________________
NANNETTE JOLIVETTE BROWN, CHIEF JUDGE
