RULE 202. DISQUALIFICATION, SUSPENSION, OR DISBARMENT
- (a) General: The Court may deny admission to its Bar to, or
suspend, or disbar, any person who in its judgment does not possess
the requisite qualifications to represent others, or who is lacking
in character, integrity, or proper professional conduct. Upon the
conviction of any practitioner admitted to practice before this
Court for a criminal violation of any provision of the Internal
Revenue Code or for any crime involving moral turpitude, or where
any practitioner has been suspended or disbarred from the practice
of his or her profession in any State or the District of Columbia,
or any commonwealth, territory, or possession of the United States,
the Court may, in the exercise of its discretion, forthwith suspend
such practitioner from the Bar of this Court until further order of
Court; but otherwise 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.
- (b) Disciplinary Proceedings:
- (1) Referral to Counsel: When misconduct or allegations of
misconduct which, if substantiated, would warrant discipline of a
practitioner shall come to the attention of the Court, whether by
complaint or otherwise, and the applicable procedure is not
otherwise mandated by these Rules (see paragraph (a) of this Rule),
the Court, in its discretion, may refer the matter to counsel to
the Court (appointed pursuant to the provisions of paragraph (d) of
this Rule) for investigation and the prosecution of a formal
disciplinary proceeding or the formation of such other
recommendation as may be appropriate.
- (2) Investigation and Recommendation: If counsel concludes
after investigation and review that a formal disciplinary
proceeding should not be initiated against the practitioner because
sufficient evidence is not present, or because there is pending
another proceeding against the practitioner, the disposition of
which in the judgment of the counsel should be awaited before
further action by this Court is considered, or for any other valid
reason, then counsel shall file with the Court a recommendation for
disposition of the matter, whether by dismissal, admonition,
deferral, or otherwise, setting forth the reasons therefor.
- (3) Initiation of Proceedings: To initiate formal
disciplinary proceedings, the Court shall enter an order (or, where counsel is appointed, such counsel shall obtain an order of the
Court upon a showing of probable cause) requiring the practitioner
to show cause within 30 days after service of that order upon that
practitioner, why the practitioner should not be disciplined.
- (4) Hearing: Upon the practitioner's answer to the order to
show cause, if any issue of fact is raised or the practitioner
wishes to be heard in mitigation, then this Court shall set the
matter for prompt hearing before one or more Judges of this Court.
However, if the disciplinary proceeding is predicated upon the
complaint of a Judge of this Court, then the hearing shall be
conducted before a panel of three other Judges of this Court
appointed by the Chief Judge.
- (5) Right to Counsel: In all proceedings conducted under the
provisions of this Rule, the practitioner shall have the right to
be represented by counsel.
- (c) Reinstatement:
- (1) After Disbarment or Suspension: A practitioner suspended
for 60 days or less shall be automatically reinstated at the end of
the period of suspension. A practitioner suspended for more than 60
days or disbarred may not resume practice until reinstated by order
of this Court.
- (2) Hearing on Application: A petition for reinstatement by
a disbarred or suspended practitioner under this Rule shall be
filed with the Court. Upon receipt of the petition, the Court may
promptly refer the petition to counsel and shall assign the matter
for prompt hearing before one or more Judges of this Court.
However, if the disciplinary proceeding was predicated upon the
complaint of a Judge of this Court, then the hearing shall be
conducted before a panel of three other Judges of this Court
appointed by the Chief Judge. The Judge or Judges assigned to the
matter shall, as promptly as the Court's business shall permit,
schedule a hearing at which the practitioner shall have the burden
of demonstrating by clear and convincing evidence that the
practitioner has the moral qualifications, competency and learning
in the law required for admission to practice before this Court and
that the practitioner's resumption of such practice will not be
detrimental to the integrity and standing of the Bar or to the
administration of justice, or subversive of the public interest.
- (3) Successive Petitions: No petition for reinstatement
under this Rule shall be filed within 1 year following an adverse
decision upon a petition for reinstatement filed by or on behalf of
the same person.
- (d) Presentation to the Court: When counsel is to be
appointed pursuant to this Rule to investigate allegations of
misconduct or prosecute disciplinary proceedings or in conjunction
with a reinstatement petition filed by a practitioner, this Court
shall appoint as counsel to the Court a member of the Bar of this
Court who is a resident of or who practices in the same Federal
judicial circuit (see 28 U.S.C. Section 41), except the Federal
Circuit, as the Federal judicial circuit which includes the
practitioner's place of residence or practice. The practitioner may
move to disqualify a person so appointed for cause, for example, if
such person is or has been engaged as an adversary of the
practitioner in any matter. Counsel, once appointed, may not resign
unless permission to do so is given by the Court.
- (e) Jurisdiction: Nothing contained in this Rule shall be
construed to deny to this Court such powers as are necessary for
the Court to maintain control over proceedings conducted before it,
such as proceedings for contempt under Code Section 7456.
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