(b) Action by Executive Committee. On receipt of a complaint of misconduct, the Committee may forward a copy to the attorney and ask for a response within a time set by the Committee. Based on the complaint of misconduct and any response, the Committee may—
(1) determine that the complaint merits no further action, or
(2) direct that formal disciplinary proceedings be commenced, or
(3) take such other action as the Committee deems appropriate, including the assignment of an attorney pursuant to LR 83.29.
(c) Statement of Charges; Service. To initiate formal disciplinary proceedings based on allegations of misconduct, the Executive Committee shall issue a statement of charges. In addition to setting forth the charges, the statement of charges shall include an order requiring the attorney to show cause, within 14 days after service, why the attorney should not be disciplined.
Upon issuance of the statement of charges, the Clerk shall send the statement of charges
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. If the statement is
returned as undeliverable, the Clerk shall so notify the Executive Committee. The
Executive Committee may direct that further attempts at service be made, either personal
service by a private process server or by the United States marshal, or by publication.Personal service shall be accomplished in the manner provided by Fed.R.Civ.P. 5(b) for service other than by mail.
Service by publication shall be accomplished by publishing a copy of the rule to show cause portion of the statement in accordance with the provisions of LR 83.3. Except as otherwise directed by the Executive Committee, the division of the Court in which the notice is to be published will be as follows:
(1) where the last known address of the attorney is located in the District, the division in which the address is located; or,
(2) where no address is known or the last known address is outside of the District, the Eastern Division.
(d) Answer; Declaration. The attorney shall file, with the answer to the statement of charges, a declaration identifying all courts before which the attorney is admitted to practice. The form of the declaration shall be established by the Executive Committee.
(e) Assignment to Individual Judge. Following the filing of the answer to the statement of charges, if the Executive Committee determines that an evidentiary hearing is required, the proceeding shall be assigned by lot for a prompt hearing before a judge of this Court. The assigned judge shall not be one who was a member of the Executive Committee that determined that an evidentiary hearing was required. The decision of the assigned judge shall be final.
An order imposing suspension or disbarment shall be entered on every docket in the
attorney’s pending cases. A copy of the order shall be sent 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.