2.3      Attorney Discipline

1. Discipline Generally - Any attorney practicing before the court is subject to discipline by the court upon a showing that the attorney is:
   
   1. currently reprimanded, suspended or disbarred by any admitting or licensing authority;
   2. convicted of a crime; or
   3. guilty of unprofessional conduct.
2. Discipline by admitting or licensing authority; Procedure
   
   1. Attorney’s duty to notify - An attorney practicing before the court who is publicly reprimanded, suspended or disbarred by any admitting or licensing authority must inform the clerk in writing of the public reprimand, suspension or disbarment, within ten (10) days after the effective date of any such public reprimand, suspension, or disbarment.
   2. Automatic reciprocal discipline; Discretion to enhance discipline - Unless otherwise ordered by the court, any such attorney who has been suspended or disbarred by any admitting or licensing authority, whether by suspension, revocation, or disbarment, shall automatically forfeit his or her right to practice law before this court during the same period that such attorney has been prohibited from practicing law by such other licensing authority, or, under the court’s discretion, for a greater period of time. The clerk of court shall send a written notice to the attorney, together with a copy of this section of the Local Rules, informing the attorney of the forfeiture of his or her right to practice law before this court. Any failure or delay with regard to the sending of such notice shall not affect the automatic forfeiture provisions of this section.
   3. Grounds for challenge - Within thirty (30) days after the effective date of any suspension or disbarment by any admitting or licensing authority, the attorney may file a written challenge to the reciprocal discipline imposed under LGenR 2.3(b)(ii). To conclude that the entry of some other order is appropriate, the Chief Judge or by reference, a three-judge panel, must find that the record underlying the attorney’s suspension or disbarment clearly indicates that the:
      
      1. procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process;
      2. proof establishing the misconduct was so infirm that the court could not—consistent with its duty—accept the conclusion of the admitting or licensing authority as final;
      3. court’s disqualification of the attorney would result in grave injustice; or
      4. court concludes that the misconduct underlying the attorney’s suspension or disbarment warrants substantially different discipline.
   4. Finality of the action of the admitting or licensing authority - Unless the court determines that one of the grounds contained in LGenR 2.3(b)(iii) exists, the admitting or licensing authority’s final adjudication of attorney misconduct conclusively establishes the misconduct for purposes of this court’s discipline.
   5. Reinstatement - Upon reinstatement of an attorney by any admitting or licensing authority, the attorney shall provide to the clerk of court written notice from the admitting or licensing authority confirming the reinstatement. The clerk of court shall transmit the confirmation to the Chief Judge who shall determine whether the attorney may be reinstated to practice before the court. Alternatively, the Chief Judge may refer the matter to a three-judge panel for decision.
3. Criminal charges - Upon being charged with a crime, the attorney must inform the clerk of court, in writing, of charges within 10 days of receiving notice of the charges. Upon conviction of a crime, the attorney must immediately notify the clerk of court, in writing, of the conviction and must, at that time, provide the clerk of court with a complete copy of the criminal record, including charging documents and all filings in the matter. The attorney is under a continuing duty to provide all materials from the criminal case to the clerk of court when available. The clerk of court shall transmit the information to the Chief Judge who shall determine whether the attorney may practice before the court. Alternatively, the Chief Judge may refer the matter to a three-judge panel for decision.
4. Discipline for unprofessional and improper conduct - If it appears to a Judge of this court that an attorney practicing before the court has violated the rules of professional conduct or is guilty of other conduct unbecoming an officer of the court, any judge may: 1) refer the matter to the Chief Judge of the district who shall determine whether the attorney should be disciplined or alternatively refer the matter to a three-judge panel or 2) for discipline, except suspension or disbarment, order an attorney to show cause—within a specified time—why the court should not discipline the attorney. Upon the expiration of the period specified or upon the attorney’s response to the show cause order, the court will enter an appropriate order. Upon the entry of an order for discipline, the attorney may seek review from the Chief Judge of the order for discipline. Alternatively, the Chief Judge may refer the matter to a three-judge panel for decision.
5. Discipline for contempt - Disbarment from the court may be utilized as a sanction for contempt of court under the procedures contained in Rule 42 of the Federal Rules of Criminal Procedure. Nothing in this rule shall limit the court’s power to punish contempt.
6. Resignation in other jurisdictions - If an attorney resigns from the bar of another court of the United States while an investigation into allegations of misconduct is pending, the attorney shall immediately be suspended from the court. The attorney shall promptly inform the clerk of the resignation. An attorney knowingly violating this notification provision may be charged with criminal contempt. The Chief Judge shall enter an order suspending the attorney, effective as of the date of resignation in the other jurisdiction. An attorney may apply to the Chief Judge for modification or vacation of the suspension. The Chief Judge may modify or vacate the suspension, or alternatively refer the matter to a three-judge panel.