4th Cir. R. 46(g)

(1) A member of the bar of this Court may be disciplined by this Court as a result of

(a) Conviction in any court of the United States, the District of Columbia, or any state,

territory or commonwealth of the United States, of any felony or of any lesser crime

involving false swearing, misrepresentation, fraud, willful failure to file income tax

returns, deceit, bribery, extortion, misappropriation, or theft;

(b) Imposition of discipline by any other court of whose bar the attorney is a member, or an

attorney's disbarment by consent or resignation from the bar of such court while an

investigation into allegations of misconduct is pending;

(c) Conduct with respect to this Court which violates the rules of professional conduct or

responsibility in effect in the state or other jurisdiction in which the attorney maintains

his or her principal office, the Federal Rules of Appellate Procedure, the local rules of

this Court, or orders or other instructions of this Court; or

(d) Any other conduct unbecoming a member of the bar of this Court.

(2) Discipline may consist of disbarment, suspension from practice before this Court, monetary

sanction, removal from the roster of attorneys eligible for appointment as Court-appointed

counsel, reprimand, or any other sanction that the Court may deem appropriate.

Disbarment is the presumed discipline for conviction of a crime specified in paragraph

(1)(a) above. The identical discipline imposed by another court is presumed appropriate

for discipline taken as a result of that other court's action pursuant to paragraph (1)(b). A

monetary sanction imposed on disciplinary grounds is the personal responsibility of the

attorney disciplined, and may not be reimbursed by a client.

(3) The clerk reviews reports received from other courts concerning discipline imposed on

members of the bar of this Court. He refers to the Court all disbarments, suspensions,

resignations during the pendency of misconduct investigations, and other actions sufficient

to cast doubt upon the member's continuing qualification to practice before this Court.

(4) The clerk issues a notice to show cause why a member of the bar shall not be disciplined by

this Court upon receipt of official notification of an attorney's conviction of a crime

specified in paragraph (1)(a) or of the imposition of discipline by another court referred to

this Court pursuant to paragraph (3) above, or upon the Court's determination that cause

may exist for discipline pursuant to paragraphs (1)(c) or (1)(d). Such notice is sent by

certified mail, directs that a response be filed within 30 days of the date of the notice, and

directs that the attorney complete and return to the clerk within that time a declaration of

the names and addresses of other bars to which he or she is admitted, using the form

supplied by the clerk, whether or not the attorney chooses otherwise to respond to the

notice. The clerk also appends a copy of Local Rule 46(g).

(5) Upon receiving official notification that a member of the bar has been convicted of a crime

specified in paragraph (1)(a), the clerk automatically will issue an order suspending the

attorney's privilege to practice before this Court pending the Court's determination of

appropriate discipline.

(6) An attorney to whom a notice to show cause has been sent may consent to disbarment, by

filing with the clerk an affidavit stating that the attorney desires to consent to disbarment

and that:

(a) The attorney's consent is freely and voluntarily rendered; the attorney is not being

subjected to coercion or duress; the attorney is fully aware of the implications of so

consenting;

(b) The attorney is aware that there is a presently pending proceeding involving allegations

that there exist grounds for the attorney's discipline, the nature of which the attorney

shall specifically set forth;

(c) The attorney acknowledges that the material facts so alleged are true; and

(d) The attorney so consents because the attorney knows that he or she cannot successfully

defend himself or herself.

The order disbarring the attorney on consent is a matter of public record. However, the

affidavit will not be publicly disclosed or made available for use in any other proceeding

except upon order of this Court.

(7) If the attorney fails to respond to the notice within 30 days, or such other time as the Court

shall allow, the clerk enters an order imposing the presumptive discipline. If no

presumptive discipline is specified for the conduct, the clerk notifies the Court of the

attorney's non-response and the Court takes such action as it deems appropriate.

(8) All matters pertaining to discipline of attorneys are submitted to the Court's Standing

Panel on Attorney Discipline, which consists of three active circuit judges, each of whom is

appointed by the Chief Judge to serve on the Panel for a three-year term. The initial

members of the Standing Panel are appointed for terms of one, two, and three years so that

the Panel members' terms are staggered for continuity of decision making. If any member

of the Standing Panel is unable to hear a particular matter, the clerk randomly designates

another active circuit judge to the Panel for the purpose of disposing of that matter.

(9) The Standing Panel considers all materials submitted by an attorney to whom notice to

show cause has issued. The Panel may request further information from a court that has

previously imposed discipline on the attorney, or from its disciplinary agency. A copy of

any such information is made available to the attorney or to his or her counsel. Should an

attorney request a hearing on the matter it will be heard by the Standing Panel at a time

and place of its choosing.

(10) The Court may at any time appoint counsel to investigate or prosecute a disciplinary

matter, or to represent an indigent attorney instructed to show cause. The Court prefers to

appoint as prosecuting counsel the disciplinary agency of the highest court of the state in

which the attorney maintains his or her principal office. However, if the state disciplinary

agency declines appointment, or the Court deems other counsel more appropriate, it may

appoint any other member of the bar as prosecuting counsel. Counsel appointed either for

prosecution or defense will be compensated for his or her services according to the Court's

plan for appointment of counsel in criminal cases, from the attorney admission fund.

(11) The Court's order imposing discipline will set forth the nature of the discipline imposed; if

disbarment or suspension from practice before the Court, the terms upon which

reinstatement will occur or be considered by the Court; and any instructions to the clerk

concerning the notification of the Court's action to be given to other courts or official

bodies.

(12) The clerk is responsible for

(a) Automatically initiating show cause proceedings when official notice of an attorney's

conviction of a crime specified in paragraph (1)(a) or discipline by another court

pursuant to paragraph (3) is brought to his or her attention;

(b) Bringing to the attention of the Standing Panel instances of violations by members of

the bar of this Court of the Federal Rules of Appellate Procedure, this Court's local

rules or this Court's orders or other instructions that may warrant discipline;

(c) Obtaining declarations of the names and addresses of other bars of which an attorney

possibly subject to discipline by this Court may be a member; and

(d) Unless directed otherwise by the Court, within 10 days of the imposition of discipline

upon a member of the bar of this Court, notifying all other courts of those bars the

attorney reports that he or she is a member, and the American Bar Association's

National Disciplinary Data Bank, of the Court's action, enclosing a certified copy of

the Court's order.

Local Rule 46(b) amended September 30, 2003, February 15, 2005, November 1, 2011, December 1, 2016,

January 25, 2021, December 1, 2023, and May 1, 2025.

Former I.O.P.-46.2 amended and redesignated Local Rule 46(c) December 1, 1995; amended December 1, 2002, June 1,

2013, and December 9, 2019.

Former I.O.P.-46.3 amended December 8, 1994, and October 5, 1995; amended and redesignated Local Rule 46(d)

December 1, 1995; amended February 1, 2001.