US · rules
W.D. Ky. LR 83.3
Attorney Discipline
(a) Discipline Generally. Any attorney practicing before the Court is subject
to discipline by the Court upon a showing that:
(1) The attorney is currently suspended or disbarred by any admitting
or licensing authority; or
(2) The attorney is guilty of unprofessional conduct in the matter
pending before the Court.
(b) Discipline By Admitting or Licensing Authority; Procedure.
(1) Attorney’s Duty to Notify. An attorney practicing before the Court
who is publicly reprimanded, suspended or disbarred by any
admitting or licensing authority must inform the Clerk in writing of
the public reprimand, suspension or disbarment, within ten (10) days
after the effective date of any such public reprimand, suspension, or
disbarment.
(2) Automatic Reciprocal Discipline; Discretion to Enhance Discipline.
Unless otherwise ordered by the Court, any such attorney who has
been suspended or disbarred by any admitting or licensing authority,
whether by suspension, revocation, or disbarment, shall
automatically forfeit his or her right to practice law before this Court
during the same period that such attorney has been prohibited from
practicing law by such other licensing authority, or, under the
Court’s discretion, for a greater period of time. The Clerk of Court
shall send a written notice to the attorney, together with a copy of
this section of the Local Rules, informing the attorney of the
forfeiture of his or her right to practice law before this court. Any
failure or delay with regard to the sending of such notice shall not
affect the automatic forfeiture provisions of this section.
(3) Grounds for Challenge. Within thirty (30) days after the effective
date of any suspension or disbarment by any admitting or licensing
authority, the attorney may file a written challenge to the reciprocal
discipline imposed under section (2). To conclude that the entry of
some other order is appropriate, the Court must find that the record
underlying the attorney’s suspension or disbarment clearly indicates
that:
(A) the procedure was so lacking in notice or opportunity to be
heard as to constitute a deprivation of due process;
(B) the proof establishing the misconduct was so infirm that the
Court could not – consistent with its duty – accept the conclusion of
the admitting or licensing authority as final;
(C) the Court’s disqualification of the attorney would result in grave
injustice; or
(D) the Court concludes that the misconduct underlying the
attorney’s suspension or disbarment warrants substantially different
discipline.
(4) Finality of the Action of the Admitting or Licensing Authority.
Unless the Court determines that one of the grounds contained in (3)
above exists, the admitting or licensing authority’s final
adjudication of attorney misconduct conclusively establishes the
misconduct for purposes of this Court’s discipline.
(5) Reinstatement. Upon reinstatement of an attorney by any admitting
or licensing authority, the attorney shall provide to the Clerk of
Court written notice from the admitting or licensing authority
confirming the reinstatement. The Clerk of Court shall then transmit
the confirmation to the Chief Judge who shall determine whether the
attorney may be reinstated to practice before the Court.
(c) Discipline for Unprofessional and Improper Conduct. If it appears to
the Court that an attorney practicing before the Court has violated the rules
of the Kentucky Supreme Court governing professional conduct or is guilty
of other conduct unbecoming an officer of the Court, any judge may order
an attorney to show cause -- within a specified time -- why the Court should
not discipline the attorney. Upon the expiration of the period specified or
upon the attorney’s response to the show cause order, the Court will enter
an appropriate order. If requested by the responding attorney, the Court will
conduct a hearing prior to determining the appropriate order.
(d) Discipline for Contempt. Disbarment from the Court may be utilized as a
sanction for contempt of court under the procedures contained in Federal
Rule of Criminal Procedure 42. Nothing in this rule shall limit the Court’s
power to punish contempt.
Provenance
- Source
- www.kywd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
58b0b6d1cb4cdd7c912394865d5379d8ac2a11becfdec29fd4472319cfbe0548
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