United States District Court - Northern District of Illinois

General Rules

Rules 3.50 to 3.79 Discipline Of Attorneys

Rule 3.53 Disciplinary Proceedings

A. Referral of allegations of misconduct to the Executive Committee

When misconduct or allegations of misconduct that, if substantiated, would warrant discipline on the part of an attorney admitted to practice or appearing before this Court shall come to the attention of this Court, whether by complaint or otherwise, and the applicable procedure is not otherwise mandated by these Rules, the matter shall be referred to the Executive Committee for consideration and appropriate action.

B. Statement of charges, answers, and declaration of attorney re. bars to which admitted

On receipt of a complaint alleging misconduct on the part of an attorney, the Committee may (i) determine that the complaint merits no further action, or (ii) forward a copy to the attorney and ask for a response within a time set by the Committee, or (iii) direct that formal disciplinary proceedings be commenced, or (iv) take such other action as the Committee deems appropriate. Where at the request of the Committee an attorney responds to a complaint or where the Committee asked for such a response, but the attorney did not file one within the time fixed by the Committee, the Committee may (i) determine that the complaint merits no further action, or (ii) direct that formal disciplinary proceedings be commenced, or (iii) take such other action as the Committee deems appropriate. To initiate formal disciplinary proceedings, the Executive Committee shall issue an order or statement of charges requiring the respondent-attorney to show cause, within 30 days after service of that order upon the attorney as provided in Rule 3.57, as to why he or she should not be disciplined. The attorney shall include a declaration identifying all courts before which he or she is admitted to practice, in the form specified, and file the declaration together with an answer.

C. Assignment of evidentiary hearing by lot to a judge; confidential & public records

Upon the respondent-attorney's answer to the order to show cause, 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 other than one who was a member of the Executive Committee at the time the determination was made that an evidentiary hearing is required. The assignment shall be a civil case. The decision of the assigned judge shall be final. Proceedings before the Executive Committee shall be confidential, except that the Committee may in the interests of justice and on such terms it deems appropriate authorize the clerk to produce, disclose, release, inform, report, or testify to any information, reports, investigations, documents, evidence or transcripts in his/her possession. The record and hearings before a judge of this Court shall be public.

D. Final orders in disciplinary proceedings are public

Final orders in disciplinary matters shall be a matter of public record and may be published at the direction of the Executive Committee or the assigned judge.