United States District Court - Northern District of Illinois

General Rules

Rules 3.50 to 3.79 Discipline Of Attorneys

Rule 3.50 Attorneys Convicted Of Crimes

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" as hereinafter defined in any court of the United States or the District of Columbia or of any state, territory, commonwealth or possession of the United States, the Executive Committee shall enter an order immediately suspending that attorney, 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, until final disposition of a disciplinary proceeding to be commenced upon such conviction. A copy of such order shall immediately be served upon the attorney. Upon good cause shown, the Executive Committee may set aside such order when it appears in the interest of justice to do so.

B. "Serious crime" defined

"Serious crime" shall include (1) any felony and (2) any lesser crime a necessary element of which, as determined by the statutory of common law definition of such crime in the jurisdiction where the judgment was entered, involves false swearing, misrepresentation, fraud, willful failure to file income tax returns or to pay the tax, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a "serious crime".

C. Certified copy of judgment of conviction as conclusive 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.

D. 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.

E. 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, but is not required to, initiate a disciplinary proceeding.

F. Reinstatement where conviction reversed; reinstatement does not terminate disciplinary proceedings

An attorney suspended under the provisions of this Rule 3.50 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 which 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.