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LR 83.27 Discipline of Convicted Attorneys

(a) Automatic Suspension. Upon the filing with this Court of a certified copy of a judgment of conviction demonstrating that any attorney admitted to practice before the Court has been convicted of a serious crime in this or another court, the Executive Committee shall enter an order immediately suspending that attorney, until final disposition of a disciplinary proceeding to be commenced upon such conviction. Such order shall be entered regardless of whether the conviction resulted from a plea of guilty or nolo contendere or from a verdict after trial or otherwise, and regardless of the pendency of any appeal. The Clerk shall send the order by: (1) certified mail to the attorney’s last known address with return receipt requested; (2) shipping services (e.g., UPS/FedEx) with signature required; (3) CM/ECF; or (4) email. Any one of these methods is sufficient to provide notice under this rule. A copy of the order shall be entered on every docket in the attorney’s pending cases. During any such period of suspension, the Clerk’s Office will provide the party with Notices of Docket Activity in the case until such time as the suspension is terminated or another attorney appears on behalf of the client. Upon good cause shown, the Executive Committee may set aside such order when it appears in the interest of justice to do so.

(b) Judgment of Conviction as Evidence. A certified copy of a judgment of conviction of any attorney for any crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against that attorney based upon the conviction.

(c) Executive Committee to Institute Disciplinary Proceedings. Upon the filing of a certified copy of a judgment of conviction of an attorney for a serious crime, the Executive Committee shall, in addition to suspending that attorney in accordance with the provisions of this rule, institute a disciplinary proceeding in which the sole issue to be determined shall be the extent of the final discipline to be imposed as a result of the conduct resulting in the conviction. Each disciplinary proceeding so instituted will not be concluded until all appeals from the conviction are concluded.

(d) Proceedings Where Attorney Convicted of Other Than Serious Crime. Upon the filing of a certified copy of a judgment of conviction of an attorney for a crime not constituting a serious crime, the Executive Committee may, in its discretion, initiate a disciplinary proceeding.

(e) Reinstatement where Conviction Reversed. An attorney suspended pursuant to section (a) will be reinstated immediately upon the filing of a certificate demonstrating that the underlying conviction of a serious crime has been reversed, but the reinstatement will not terminate any disciplinary proceeding then pending against the attorney. The disposition of such proceeding shall be determined by the Executive Committee on the basis of all available evidence pertaining to both guilt and the extent of discipline to be imposed.

(f) Duty to File Notification of Party Contact Information form. Where a suspended or disbarred attorney mandatorily withdraws from representing a party in a case and no other attorney has an active appearance on the docket for that party, the form Notification of PartyContact Information must be electronically filed as an attachment to the motion to withdraw.

Amended December 23, 2016, September 30, 2019 and April 21, 2022

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