(a) Procedure. Any attorney admitted to practice before this Court who is the subject of an
investigation into, or is a respondent in a pending proceeding involving, allegations of
misconduct may consent to disbarment, but only by delivering to this Court an affidavit
stating that the attorney wishes to consent to disbarment and that:
(1) The attorney’s consent is freely and voluntarily given and the attorney is not
subjected to coercion or duress; and
(2) The attorney is fully aware of the implications of consenting; and
(3) The attorney is aware of the pending investigation or proceeding and that grounds
exist for disciplinary action, the nature of which the attorney shall specifically set
forth; and
(4) The attorney acknowledges that the material facts alleged are true; and
(5) The attorney so consents because the attorney knows that the attorney could not
successfully defend himself against the charges.
Upon receipt of the required affidavit, the Court shall enter an order disbarring the
attorney.
(b) Confidentiality of Supporting Papers. The order disbarring 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 in any other
proceeding except upon order of this Court.
CROSS-REFERENCES
See LR Gen 209 (Basis for Disciplinary Action) and LR Gen 216 (public access to and
confidentiality of papers in disciplinary proceedings).
U.S. DISTRICT COURT LOCAL RULES – GENERAL/ATTORNEY RULES
