(a) Definition of “Court.” As used in LR Gen 210, the term “Court” refers to the active
district judges of this Court, and any action taken or required by the “Court” refers to
action by a majority of the active district judges.
(b) Initiation of Proceedings. Whenever allegations of misconduct by an attorney admitted
or permitted to practice before this Court come to the Court’s attention, whether by
complaint or otherwise, and the applicable procedure is not otherwise provided for by
these Local Rules, the Court may initiate disciplinary proceedings in any one or more of
the following ways:
(1) If the matter has not already been referred by an individual judge to a disciplinary
agency with jurisdiction over the attorney, the Court may refer the matter to such
agency with a request that the agency report its actions to the Court. However,
any action taken by the agency shall not necessarily preclude additional
disciplinary action by this Court.
(2) Designate a magistrate judge or appoint special counsel to investigate the matter,
to make appropriate recommendations to this Court, and to perform any other
duty specified by the Court. The Court shall consider any recommendation made
by the magistrate judge or special counsel but such recommendation will not be
binding upon the Court.
(3) Provide written notice to the attorney specifying the alleged misconduct and
affording the attorney an opportunity to explain, either verbally or in writing, why
he or she believes that formal disciplinary proceedings should not be commenced.
(4) In cases where the attorney has been notified in accordance with subsection (3)
and has failed to provide a satisfactory reason why formal disciplinary
proceedings should not be commenced, or in cases where there does not appear to
be any dispute with respect to the relevant facts, the Court may commence formal
disciplinary proceedings in accordance with LR Gen 210(c).
(c) Commencement of Formal Proceedings.
(1) Formal disciplinary proceedings against an attorney shall be commenced by the
issuance of an order by the Court directing the attorney to appear and show cause
why disciplinary action should not be taken against the attorney for reasons stated
in the order.
(2) The order may be served upon the attorney by mailing a copy to him or her at the
address provided by the attorney pursuant to these Local Rules or by any other
means reasonably calculated to provide notice to the attorney.
U.S. DISTRICT COURT LOCAL RULES – GENERAL/ATTORNEY RULES
(3) The attorney shall file a written response to the show cause order and the
allegations of misconduct contained therein within 14 days from the date of the
order. If any issue of fact is raised in the response or if the attorney wishes to be
heard in mitigation, the Court shall set the matter for hearing in accordance with
LR Gen 210(d).
(d) Hearing
(1) Forum. In the Court’s discretion, any hearing conducted pursuant to LR Gen 210
may be conducted before a magistrate judge or bankruptcy judge designated by
the Court, a single district judge or all of the active judges of the Court who are
eligible and able to participate. However, if the disciplinary proceeding was
initiated by a complaint by a district judge, magistrate judge, or bankruptcy judge;
or, if a magistrate judge or bankruptcy judge made any recommendation to the
Court pursuant to LR Gen 210(b)(2), any such hearing shall not be conducted by
that judge, nor shall that judge participate in any decision or other action taken by
the Court with respect to the matter.
(A) If the hearing is conducted by a district judge, the Court may authorize
that district judge to order whatever disciplinary action is appropriate
under these Local Rules without further action by the Court.
(B) If the hearing is conducted by a magistrate judge or bankruptcy judge, the
magistrate judge or bankruptcy judge shall submit findings of fact and
recommendations for disposition to the Court and the Clerk shall serve a
copy of the findings and recommendations upon the attorney and any
special prosecutor appointed by the Court.
(C) Within 14 days from the date of the order, the attorney and/or any special
prosecutor appointed by the Court may serve and file written objections to
the report. Failure to file an objection within the 14-day period shall be
deemed a waiver of any objection. Those portions of the magistrate judge
or bankruptcy judge’s findings and recommendations to which objection is
made shall be reviewed by the Court de novo based on the record
compiled before the magistrate judge or bankruptcy judge. The Court may
accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge or bankruptcy judge or it
may receive further evidence or recommit the matter to the magistrate
judge or bankruptcy judge with instructions.
(2) Conduct of Hearing. The Court may elect to appoint a special prosecutor to
present evidence at any disciplinary hearing and to cross-examine any witnesses.
The respondent attorney shall have a similar right to present evidence and cross-
examine witnesses and to be represented by counsel.
U.S. DISTRICT COURT LOCAL RULES – GENERAL/ATTORNEY RULES
Effective 12/1/18: §§(a)-(d) amended. Effective 12/1/15: §§(d)(1)(A)-(C) amended. Effective 12/1/11: §§(c)(3)
and (d)(1)(C) amended. The numerical references in this rule were altered as part of the restyling of numerical
references throughout the Local Rules. Effective 12/1/09: §§(c)(3) and (d)(1)(C) amended.
CROSS-REFERENCES
See LR Gen 101(f) (defining “Court” generally); LR Gen 209 (Basis for Disciplinary Action)
and LR Gen 211 (Disciplinary Action by Court).
See also LR Cv 72 (authority of magistrate judges).
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