RULES OF DISCIPLINE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
(Effective September 15, 2025)
Rule 1. Standards of Professional Conduct.
A. Attorneys who practice before this court are required to act as mature and
responsible professionals, and the minimum standard is the Texas Disciplinary
Rules of Professional Conduct.
B. Violation of the Texas Disciplinary Rules of Professional Conduct will be grounds
for disciplinary action, but the court is not limited by that code.
Rule 2. Conviction of Crime.
A. An attorney who practices before this court convicted of a felony offense or a
misdemeanor involving moral turpitude or a controlled substance (excluding
controlled substance offenses punishable as fine-only misdemeanors) in any
United States federal or state court must notify this court in writing within 30 days
and furnish to the clerk of court a certified copy of the judgment of conviction.
B. After the court has notice that an attorney who practices before this court has a
felony conviction or a misdemeanor conviction as described in Rule 2.A., it will
follow the procedures outlined in Rule 5 to determine whether discipline should
be imposed on the attorney.
Rule 3. Discipline by A Licensing Authority.
A. An attorney who practices before this court disciplined by a licensing authority of
one of the fifty states, the District of Columbia, or a Territory of the United States,
must notify this court in writing within 30 days and furnish to the clerk of the court
a certified copy of the order of discipline.
B. An attorney who practices before this court may be suspended by the Southern
District of Texas if he or she receives discipline from a licensing authority for any
reason other than nonpayment of dues or failure to meet continuing legal
education requirements. This rule shall include, but is not limited to, instances
where an attorney:
i. is disbarred,
ii. received an active suspension,
iii. resigns in lieu of discipline,
iv. received a probated suspension, or
v. has any other discipline affecting his or her right to practice law imposed,
by agreement or otherwise, as a result of the attorney’s failure to adhere to
any applicable standard of professional conduct.
If a member of this bar voluntarily resigns from a licensing authority for reasons
unrelated to a disciplinary proceeding or problem, he or she may maintain their
membership to this bar as long as they retain the right to practice law with another
licensing authority.
C. After the court has notice that an attorney who practices before this court has
received discipline as set forth in Rule 3.B.iv or v, it will follow the procedures
outlined in Rule 5 to determine whether discipline should be imposed on the
attorney.
Rule 4. Discipline by Another Court.
A. An attorney who practices before this court disciplined by any United States
federal or state court must notify this court in writing within 30 days and furnish to
the clerk of the court a certified copy of the order of discipline.
B. An attorney who practices before this court may be suspended by the Southern
District of Texas if he or she receives discipline from a United States federal or
state court for any reason other than nonpayment of dues or failure to meet
continuing legal education requirements. This rule shall include, but is not limited
to, instances where an attorney:
i. is disbarred,
ii. received a suspension,
iii. resigns in lieu of discipline,
iv. received a sanction, or
v. has any other discipline affecting his or her right to practice law imposed,
by agreement or otherwise, as a result of the attorney’s failure to adhere to
any applicable standard of professional conduct.
C. After this court has notice that an attorney who practices before this court has
received discipline as set forth in Rule 4.B. it will follow the procedures outlined
in Rule 5 to determine whether discipline should be imposed on the attorney.
Rule 5. Procedure.
A. If an attorney who practices before this court receives discipline as set forth in
Rule 3.B.iv or v, or Rule 4.B., the clerk will serve a notice and order upon the
attorney involved which will become effective thirty days after the date of service,
imposing reciprocal discipline in this district. The notice will be sent by mail and
electronically to the last known address and email on file in the Southern District
of Texas’ CM/ECF data base.
B. Within 30 days of service of the notice and order, the attorney may file a motion
for modification or revocation of the order, unless good cause is shown why a
longer period of time is warranted. The motion must set forth, with specificity, the
facts and principles relied upon by the attorney as to why a different disposition
should be entered by this court. See Rule 5.D. The motion must identify all cases
currently pending in the Southern District of Texas and include the attorney’s
clients in each matter. Timely filing of such a motion will stay the order until further
notice by the court.
C. A motion seeking modification or revocation of the order will be assigned to the
chief judge, or his or her designee, for review.
D. Discipline shall be imposed under this section unless the attorney establishes
that:
i. the procedure followed in the other jurisdiction deprived the attorney of
due process,
ii. the proof was so clearly lacking that this court should not accept the final
conclusion of the other jurisdiction,
iii. the imposition of the identical discipline would result in a grave injustice,
iv. the misconduct established by the other jurisdiction warrants
substantially different discipline in this court, or
v. the misconduct for which the attorney was disciplined in the other
jurisdiction does not constitute professional misconduct in this State or in
this court.
E. The chief judge, or his or her designee, will review the attorney’s motion for
modification or revocation and enter an order granting or denying the motion.
F. The decision of the chief judge, or his or her designee, is final.
Rule 6. Charges of Misconduct Warranting Discipline.
A. Written charges that an attorney who practices before this court engaged in
conduct which might warrant disciplinary action must be addressed to the chief
judge with a copy to the clerk of court.
B. Conduct which may warrant disciplinary action include:
i. conduct unbecoming an attorney who practices before this court, as
defined in Rule 1,
ii. failure to comply with these local rules or any other rule or order of this
court,
iii. unethical behavior, or
iv. inability to conduct litigation properly.
C. The chief judge, or his or her designee, will review the charge to determine whether
the charge is frivolous. A frivolous charge will be dismissed. If the charge is
deemed to be not frivolous, the clerk will open a sealed, miscellaneous matter
and randomly assign it to an active district judge for further proceedings. The
presiding judge or the chief judge may unseal the case sua sponte or by request.
The chief judge may consolidate multiple charges filed against the same attorney
or charges filed against multiple attorneys stemming from the same set of facts.
D. The presiding judge will send the charged attorney a copy of the complaint and
allow the attorney an opportunity to respond.
E. After the charged attorney has responded, or if the time allotted for a response
has lapsed with no response, the presiding judge may dismiss the charges or
continue with the proceedings. If the presiding judge determines that a hearing is
needed, the presiding judge will give at least 14 days’ notice to the charged
attorney of the time of the hearing, the charges to be heard, and the right to
counsel at the hearing. The hearing will be held on the record in open court as a
miscellaneous proceeding. Rule 1101(d)(3), Federal Rules of Evidence applies,
and all witnesses must be sworn.
F. The presiding judge may appoint an attorney to investigate and prosecute the
charges. Costs of the prosecutor and fees allowed by the hearing judge may be
paid from the Attorney Admission Fund.
G. If the presiding judge determines that a mediation would be beneficial, the costs
of such mediation may be paid from the Attorney Admission Fund.
H. The presiding judge will file his or her judgment, providing a copy to the chief judge
and the attorney. If the presiding judge determines that disciplinary action should
be taken, the presiding judge will make findings of violations and order either
permanent disbarment, a suspension, a written or oral reprimand and whether
such should be public or private with such conditions as the judge may order.
I. The presiding judge may assess costs of the proceedings incurred by the court
upon the attorney if he or she is found in violation of conduct set forth in paragraph
6.B.
J. The attorney may appeal the judgment by filing a notice of appeal within 14 days
of the judgment. A panel of three other randomly assigned active district judges
of the court will hear the appeal. The appeal will be on the record developed at
the hearing. Facts found by the presiding judge are not reviewable unless clearly
erroneous. The law determined by the presiding judge is reviewable de novo. The
decision of the panel is final. There is no en banc review. (Amended by General
Order 2009-17, effective December 1, 2009).
K. If the membership in the Southern District Bar of the attorney being disciplined
was not current at the time of the court order imposing discipline, the order can
include that the attorney may not reapply for admission except under such
conditions as the court may impose.
Rule 7. Reinstatement.
A. A member of this bar who has been suspended or disbarred must apply to this
court for reinstatement before resuming practice before this court. A member of
this bar who has been suspended may apply for reinstatement before the end of
his or her suspension, but reinstatement will not occur until the suspension has
been fully served. A member of this bar who has been disbarred may apply for
reinstatement, but not before five years from the effective date of the disbarment.
B. All petitions for reinstatement will be filed with the clerk of the court who will
promptly refer the petition to the Attorney Admission Committee for its
recommendation on the petition. The recommendation will be presented to the
full court for a final decision on the petition.
C. Petitions for reinstatement must be accompanied by all documents related to any
and all discipline ever received by the attorney, including but not limited to the
Petition, the Judgment, and all documentation proving all requirements of each
discipline have been met (i.e., receipts for fines paid, CLE classes taken, etc.). A
short narrative is recommended to provide the Attorney Admission Committee
any additional information relevant to the discipline received.
D. No petition for reinstatement may be filed within one year following an adverse
ruling on a previous petition.
Rule 8. Attorneys Specially Admitted.
An appearance by an attorney before the court, by writing, or in person, confers
disciplinary jurisdiction upon the court under these rules.
Rule 9. Service of Papers.
Service of papers under these rules must be made electronically in the Court’s
Electronic Filing System (CM/ECF), by personal service or by first class mail
addressed to the respondent or respondent’s attorney.
Rule 10. Special Duties of the Clerk.
Upon final disciplinary action by the court, the clerk will send certified copies of the
court’s order to the State Bar of Texas.
Rule 11. Inherent Power of Judges.
The existence of these rules does not limit the power of district judges to exercise
their inherent powers over attorneys who practice before them, and the chief judge
has the right to designate another district judge to serve under these rules in the place
of the chief judge.
Rule 12. Effective Date.
These rules are effective immediately; all pending disciplinary matters will be
concluded under these rules; and the rules effective August 18, 2023, are
superseded by them.
