Rule 202. Disciplinary Matters
(a) General: A member of the Bar of this Court may be disciplined by this Court as a result of:
(1) Conviction in any court of the United States, or of the District of Columbia, or of any state, territory, commonwealth, or possession of the United States of any felony or of any lesser crime involving false swearing, misrepresentation, fraud, criminal violation of any provision of the Internal Revenue Code, bribery, extortion, misappropriation, theft, or moral turpitude;
(2) Imposition of discipline by any other court of whose bar an attorney is a member, or an attorney’s disbarment or suspension by consent or resignation from the bar of such court while an investigation into allegations of misconduct is pending;
(3) Conduct with respect to the Court which violates the letter and spirit of the Model Rules of Professional Conduct of the American Bar Association, the Rules of the Court, or orders or other instructions of the Court; or
(b) Disciplinary Actions: Discipline may consist of disbarment, suspension from practice before the Court, reprimand, admonition, or any other sanction that the Court may deem appropriate. The Court may, in the exercise of its discretion, immediately suspend a practitioner from practice before the Court until further order of the Court. However, no person shall be suspended for more than 60 days or disbarred until such person has been afforded an opportunity to be heard. A Judge of the Court may immediately suspend any person for not more than 60 days for contempt or misconduct during the course of any trial or hearing.
(c) Disciplinary Proceedings: Upon the occurrence or allegation of any event described in Rule 202 (a)(1) through (a)(4), except for any suspension imposed for 60 days or less pursuant to Rule 202 (b), the Court shall issue to the practitioner an order to show cause why the practitioner should not be disciplined or shall otherwise take appropriate action. The order to show cause shall direct that a written response be filed within such period as the Court may direct and shall set a prompt hearing on the matter before one or more Judges of the Court. If the disciplinary proceeding is predicated upon the complaint of a Judge of the Court, the hearing shall be conducted before a panel of three other Judges of the Court.
(1) A practitioner suspended for 60 days or less pursuant to Rule 202 (b) shall be automatically reinstated at the end of the period of suspension.
(2) A practitioner suspended for more than 60 days or disbarred pursuant to Rule 202 may not resume practice before the Court until reinstated by order of the Court.
(A) A disbarred practitioner or a practitioner suspended for more than 60 days who wishes to be reinstated to practice before the Court must file a petition for reinstatement. Upon receipt of the petition for reinstatement, the Court may set the matter for prompt hearing before one or more Judges of the Court. If the disbarment or suspension for more than 60 days was predicated upon the complaint of a Judge of the Court, any such hearing shall be conducted before a panel of three other Judges of the Court.
(B) In order to be reinstated before the Court, the practitioner must demonstrate by clear and convincing evidence in the petition for reinstatement and at any hearing that such practitioner’s reinstatement will not be detrimental to the integrity and standing of the Court’s Bar or to the administration of justice, or subversive of the public interest.
(e) Right to Counsel: In all proceedings conducted under the provisions of this Rule, the practitioner shall have the right to be represented by counsel.
(f) Appointment of Court Counsel: The Court, in its discretion, may appoint counsel to the Court to assist it with respect to any disciplinary matters.
Prev | Next