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US · rules

D. Guam GNLR 22.1

Attorneys - Standard of Conduct and Disciplinary Enforcement

activein force · 2022-04-19 – presentact-effective-date

(a) The Standing Committee on Discipline. The Court will appoint from time to time, by an order, a

"Standing Committee on Discipline" consisting of five members of the bar and will designate one of the

members to serve as Chairman of the Committee. The members of the committee shall continue in

office for a period of three years or until further order of the judge.

(b) Attorneys Convicted of Crimes.

(1) 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 in any court of the

United States, or the District of Columbia, or of any state, territory, commonwealth or

possession of the United States of a serious crime as hereinafter defined, the Court 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 Court may set aside such order when it appears in the interest of

justice to do so.

(2) The term "serious crime" shall include any felony and any lesser crime a necessary element

of which, as determined by the statutory or 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, deceit, bribery, extortion, misappropriation, theft, or an

attempt or a conspiracy or solicitation of another to commit a "serious crime."

(3) A certified copy of a judgment of conviction of an 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.

(4) Upon the filing of a certified copy of a judgment of conviction of an attorney for a serious

crime, the Court shall, in addition to suspending that attorney in accordance with the provisions

of this Rule, also refer the matter to the Standing Committee on Discipline for the institution of

a disciplinary proceeding before the Court 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,

provided that a disciplinary proceeding so instituted will not be brought to final hearing until all

appeals from the conviction are concluded.

(5) Upon the filing of a certified copy of a judgment of conviction of an attorney for a crime not

constituting a "serious crime," the Court may refer the matter to the Standing Committee on

Discipline for whatever action the Committee may deem warranted, including the institution of

a disciplinary proceeding before the Court; provided, however, that the Court may in its

discretion make no reference with respect to convictions for minor offenses.

(6) An attorney suspended under the provisions of this Rule 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 Court on the

basis of all available evidence pertaining to both guilt and the extent of discipline to be imposed.

(c) Discipline Imposed by Other Courts.

(1) Any attorney admitted to practice before this Court shall, upon being subjected to public

discipline by any other court of the United States or the District of Columbia, or by a court of any

state, territory, commonwealth or possession of the United States, promptly inform the clerk of

this Court of such action.

(2) Upon the filing of a certified or exemplified copy of a judgment or order demonstrating that

an attorney admitted to practice before this Court has been disciplined by another court, this

Court shall forthwith issue a notice directed to the attorney containing:

(A) a copy of the judgment or order from the other court; and

(B) an order to show cause directing that the attorney inform this Court within thirty

(30) days after service of that order upon the attorney, personally or by mail, of any

claim by the attorney predicated upon the grounds set forth in (c)(2)(D) hereof that the

imposition of the identical discipline by the Court would be unwarranted and the

reasons therefor.

(C) In the event the discipline imposed in the other jurisdiction has been stayed there,

any reciprocal discipline imposed in this Court shall be deferred until such stay expires.

(D) Upon the expiration of thirty (30) days from service of the notice issued pursuant to

the provisions of (c)(2) above, this Court shall impose the identical discipline unless the

respondent-attorney demonstrates, or this Court finds, that upon the face of the record

upon which the discipline in another jurisdiction is predicated it clearly appears:

(i) that the procedure was so lacking in notice or opportunity to be heard as to

constitute a deprivation of due process; or

(ii) that there was such an infirmity of proof establishing the misconduct as to

give rise to the clear conviction that this Court could not, consistent with its

duty, accept as final the conclusion on that subject; or

(iii) that the imposition of the same discipline by this Court would result in grave

injustice; or

(iv) that the misconduct established is deemed by this Court to warrant

substantially different discipline.

Where this Court determines that any of said elements exist, it shall enter such

other order as it deems appropriate.

(3) In all other respects, a final adjudication in another court that an attorney has been guilty of

misconduct shall establish conclusively the misconduct for purposes of a disciplinary proceeding

in this Court.

(4) This Court may at any stage refer the matter to the Standing Committee on Discipline for

selection of counsel to prosecute the disciplinary proceedings.

Provenance

Source
www.gud.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
5c0e47d09de93d046b8768a41213918b73c9ede25f14ee1d28ff8337d29af026
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