UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
IN RE: Attorney David J. Gilbert Administrative Order
_______________________________________________/ No. 25-AD-071
ORDER REGARDING ATTORNEY’S SUSPENSION FROM PRACTICE
This Court has received notice that Attorney David J. Gilbert (P56956) has been transferred
to inactive status by the State Bar of Michigan based on a stipulation that Mr. Gilbert is
incapacitated and unable to practice law. Under MCR 9.121(E), Mr. Gilbert may not resume the
practice of law until the Attorney Discipline Board reinstates him on clear and convincing evidence
of fitness. After 3 years or more of inactive status, the Board of Law Examiners must also recertify
him. Id.
Transfer to inactive status under these circumstances is not the same thing as discipline for
misconduct, Local General Rule 2.3(a), or resignation during an investigation, Local General Rule
2.3(f). But it does involve the same fundamental concerns about Mr. Gilbert’s present fitness to
practice law as a member of the bar of this Court. Indeed, the inactive status based on
incapacitation would make Mr. Gilbert ineligible for initial admission under Local General Rule
2.1(a) because he is in something other than good standing with the Michigan State Bar at this
time.
Accordingly, consistent with the policies and purposes of Local General Rules 2.1 and 2.3:
IT IS ORDERED that Attorney David J. Gilbert be and hereby is SUSPENDED from
practice before this Court based on incapacity until further order.
IT IS FURTHER ORDERED that Attorney David J. Gilbert is prohibited from practicing
before this Court unless and until an order of reinstatement has issued pursuant to the procedures
set forth in Local General Rule 2.3(b)(v).
IT IS FURTHER ORDERED that the Clerk of this Court shall serve a copy of this order
upon Attorney David J. Gilbert at the attorney’s last known address.
FOR THE COURT:
Dated: August 19, 2025
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE
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