D.N.J. L. Civ. R. 104.1

The Court, in furtherance of its inherent power and responsibility to supervise the conduct of attorneys

who are admitted to practice before it or admitted for the purpose of a particular proceeding (pro hac vice), and

in furtherance of its overarching responsibility and need to ensure and protect the interests of the general public,

promulgates the following Rules of Disciplinary Enforcement superseding all of its other Rules pertaining to

disciplinary enforcement heretofore promulgated.

Table of Contents

REFERENCE SUBJECT HEADINGS

(a) Attorneys Guilty of a “Serious Crime”

(b) Discipline Imposed by other Courts

(c) Disbarment on Consent or Resignation in other Courts

(d) Standards for Professional Conduct

(e) Disciplinary Proceedings

(f) Disbarment on Consent While Under Disciplinary Investigation or Prosecution

(g) Reinstatement

(h) Attorneys Specially Admitted

(i) Service of Papers and Other Notices

(j) Appointment of Counsel

(k) Payment of Fees and Costs

(l) Duties of the Clerk

(m) Jurisdiction

(a) Attorneys Guilty of a “Serious Crime”

(1) Upon receipt of notice that an attorney admitted to practice before this Court has pleaded

guilty or pleaded nolo contendere to a “serious crime” as defined below or has been found guilty of a

“serious crime” as a result of a trial before a judge or jury, the Chief Judge shall immediately enter an

order temporarily suspending that attorney from the practice of law in this District, pending a final

disposition of a disciplinary proceeding, which shall be commenced after a judgment of conviction is

entered and all challenges (including appeals and motions for post-conviction relief), if any, to the

conviction are exhausted, and upon notice of same submitted by the attorney or upon the Court’s receipt

of same. A copy of such order shall immediately be served upon the attorney. The Court, in its

discretion, may set aside a temporary suspension order upon good cause shown and when the interest of

justice requires.

(2) The term "serious crime" shall include, regardless of the jurisdiction in which the crime

occurs (foreign or domestic), any: (a) crime of violence, which is defined as (i) an offense that has as an

element the use, attempted use, or threatened use of physical force against the person or property of

another; or (ii) any other offense that is a felony and that, by its nature, involves a substantial risk that

physical force against the person or property of another may be used in the course of committing any

offense; (b) 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, conspiracy or solicitation of another to commit a “serious crime;”

and (c) any other crime that is not described, defined, or identified in subsections (a) and (b) herein, but

which, in the Court’s discretion, poses a substantial threat or risk of harm to others or the general public.

(3) Upon pleading or otherwise being found guilty of a “serious crime,” as defined above, in

this Court or in any jurisdiction (foreign or domestic), an attorney admitted to practice before this Court

shall notify the Clerk and the Chief Judge in writing of same within 20 days. Failure to comply with this

notice provision shall result in additional discipline in this Court, unless excused for good cause.

(4) 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.

(5) After the entry of a final judgment of conviction and receipt of notice as provided in

(a)(1), the Court shall enter an Order to Show Cause as to why the temporary suspension should not be

made permanent. If the suspended attorney does not contest the matter by the return date of the Order to

Show Cause, the Court shall enter an Order of Disbarment barring the attorney from the practice of law

before the Court. If the attorney does contest the matter, the Court may refer the matter in accordance

with subsections (6) and (7).

(6) In a contested matter, the Court may assign the matter to its legal advisory staff, who

shall represent the interests of the court. That staff shall investigate and review the matter and then

provide a recommendation to the Chief Judge and her/his delegated representatives as to the extent of

final discipline to be imposed. No recommendation shall be made unless and until all challenges to the

conviction (including appeals and motions for post-conviction relief) have been exhausted as provided

in (a)(1). If the Chief Judge determines that the matter requires appointment of outside investigative

counsel to further investigate the matter, including but not limited to the taking of discovery, then the

Chief Judge shall appoint outside investigative counsel to act in the interests of the Court.

(7) Where the conviction of an attorney is for a crime not constituting a serious crime, the

Court may, in its discretion, refer the matter to its legal advisory staff or outside investigative counsel to

make a recommendation as to what action, if any, should be taken, including the institution of a

disciplinary proceeding before the Court.

(8) 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 automatically terminate any disciplinary proceeding then pending

against the attorney, the disposition of which shall be determined by the Court.

(b) Discipline Imposed by Other Courts

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

discipline (including but not limited to disbarment, temporary or permanent suspension, censure,

reprimand or admonition) by any court or by any jurisdiction (foreign or domestic), inform the Clerk

and Chief Judge of this Court of such action within 20 days of the date of such order of discipline.

Failure to comply with this notice provision shall result in the automatic imposition of the same

discipline in this Court, unless excused by the Court for good cause.

(2) Upon receipt by the Court of such notice under L.Civ.R. 104.1(b)(1) or 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, unless this Court determines that

L.Civ.R. 104.1(a) governs, or unless this Court determines that the discipline resulted from an attorney’s

excusable failure to pay the annual fee to a court’s client protection fund, 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 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 L.Civ.R. 104.1(b)(4), that the imposition of the

identical discipline by the Court would be unwarranted, and the reasons therefor.

(3) 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.

(4) Upon the expiration of 30 days from service of the notice issued pursuant to the provisions of

L.Civ.R. 104.1(b)(2), this Court shall impose the identical discipline unless the respondent-attorney

(“respondent”) demonstrates or this Court finds that, upon the face of the record upon which the discipline in

another jurisdiction is predicated, it clearly appears:

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

deprivation of due process; or

(B) 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

(C) that the imposition of the same discipline by this Court would result in grave injustice; or

(D) 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, provided that the attorney has also demonstrated that the attorney has complied with all rules for

disciplined attorneys in the other court of the United States or the District of Columbia, or the court of any state,

territory, commonwealth or possession of the United States in which the discipline was administered.

In addition, the Court has the power to order additional and/or harsher discipline than that imposed by

the other jurisdiction, provided the Court has given respondent written notice of its intention to do so, the

opportunity to further develop the record, and an opportunity to be heard.

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

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

Court.

(6) This Court may, at any stage, appoint counsel to prosecute the disciplinary proceedings.

(c) Disbarment on Consent or Resignation in Other Courts

(1) Any attorney admitted to practice before this Court who shall be disbarred on consent or

resign from the bar of any other court of the United States or the District of Columbia, or from the bar of

any state, territory, commonwealth or possession of the United States, while an investigation into

allegations of misconduct is pending, shall, upon the filing with this Court of a certified or exemplified

copy of the judgment or order accepting such disbarment on consent or resignation, cease to be

permitted to practice before this Court and be stricken from the roll of attorneys admitted to practice

before this Court.

(2) Any attorney admitted to practice before this Court shall, upon being disbarred on

consent or resigning from the bar of any other court of the United States or the District of Columbia, or

from the bar of any state, territory, commonwealth or possession of the United States while an

investigation into allegations of misconduct is pending, promptly inform the Clerk of this Court of such

disbarment on consent or resignation.

(d) Standards for Professional Conduct

(1) For misconduct defined in these Rules and for good cause shown, and after notice and opportunity to be

heard, any attorney admitted to practice before this Court may be subject to private reprimand and to the

following forms of public discipline: admonition, public reprimand and censure (letter or decision

detailing the attorney’s misconduct; admonition being the least serious, censure being the most serious);

suspension (period of time during which the attorney is prohibited from practicing law); and disbarment

(loss of license to practice law before this Court). In its discretion, the Court may also take such other

disciplinary action as the circumstances may warrant, including the imposition of fees and expenses

incurred by the Court and/or counsel appointed by the Court, as set forth in L.Civ.R. 104.1(k).

(2) An act or omission by an attorney admitted to practice before this Court, individually or in concert with

any other person or persons, which violates the applicable Rules of Professional Conduct referred to in

L.Civ.R. 103.1 shall constitute misconduct and be grounds for discipline whether or not the act or

omission occurred in the course of an attorney-client relationship.

(e) Disciplinary Proceedings

(1) Every attorney authorized to practice law or appearing before this Court, including those

specially authorized for a limited purpose or in connection with a particular proceeding pursuant to

L.Civ.R. 101.1, shall be subject to the disciplinary jurisdiction of this Court.

(2) When misconduct or allegations of misconduct which, if substantiated, would warrant

discipline of an attorney, shall come to the attention of a Judge of this Court, and the applicable

procedure is not otherwise mandated by these Rules, that Judge shall refer the matter in writing to the

Chief Judge. The Chief Judge may refer the matter to the appropriate State disciplinary body or, if the

Chief Judge concludes that further investigation is warranted, he or she may direct the Clerk to refer the

matter to his/her legal advisory staff or outside investigative counsel to determine whether a formal

order to show cause should issue.

(3) The Clerk's order of reference to his/her legal advisory staff or outside investigative

counsel and all other papers filed in the matter shall be placed under seal and shall remain under seal

unless and until an order to show cause and complaint are issued under L.Civ.R. 104.1(e)(7), at which

point an order shall be entered unsealing those portions of the record deemed appropriate; provided,

however, that disclosure may be sooner in the event that the Chief Judge determines that disclosure is

warranted for the protection of the public and/or in the administration of justice. Investigative counsel

shall have no obligation to disclose to the respondent any portion of the investigation file, including

discovery conducted pursuant to L.Civ.R. 104.1(e)(4), except if the investigative counsel intends to use a

deposition transcript from the investigation at a future hearing as set forth in subsection (4)(B)(ii) below.

(4) Investigative counsel shall promptly, and with reasonable particularity, notify the

respondent in writing of the pendency and nature of the investigation and solicit comments thereon in

furtherance of the preliminary investigation. Every attorney, as set forth in L.Civ.R. 104.1(e)(1), has the

affirmative obligation to cooperate in an investigation. Such cooperation shall include the production of

documents and submission to interviews conducted by the investigative counsel as follows:

(A) Respondent shall serve upon investigative counsel a response to the inquiry within 30 days

of service of the inquiry.

(B) Investigative counsel may conduct such discovery as is reasonably necessary to complete the

investigation, which may include, but is not limited to, interviews of the respondent,

depositions, requests for production of documents and requests for admissions.

(i) If respondent is deposed during the investigation, her/his counsel may participate

fully in that deposition, including lodging objections and cross-examining

respondent. However, neither respondent nor her/his counsel shall be entitled to

notice of, or to attend or participate in, non-party depositions taken by the

investigative counsel pursuant to subpoena prior to the issuance of an order to

show cause and complaint.

(ii) After the issuance of an order to show cause and complaint under L.Civ.R.

104.1(e)(7), investigative counsel and respondent shall be permitted to depose

witnesses, and shall be entitled to cross-examine such witnesses, regardless of

whether the investigative counsel has deposed that witness previously during the

investigation. If the investigative counsel intends to use a deposition transcript

from the investigation at a future hearing, a copy of that transcript must be

provided to the respondent within a reasonable time in advance of the hearing.

(C) Respondent shall serve upon investigative counsel a response to any request for production

of documents or request for admissions within 30 days of service of the request.

(D) The time within which to respond pursuant to (A) and (C) above may be extended by

investigative counsel for good cause shown.

(E) If respondent fails to respond or otherwise fails to cooperate with investigative counsel,

investigative counsel shall apply to the Chief Judge for appropriate relief which may include,

but is not limited to, temporary suspension, pending compliance with this rule.

(F) Failure to cooperate may constitute an independent basis for the imposition of discipline

unless it is based upon the proper assertion of a legal or constitutional right.

(5) Conclusion of No Formal Disciplinary Proceeding. Should investigative counsel

conclude after investigation and review that a formal disciplinary proceeding should not be initiated

against the respondent because (A) clear and convincing evidence of misconduct is not present, or (B)

there is pending another proceeding against the respondent, the disposition of which in the judgment of

the investigative counsel should be concluded before further action by this Court, or (C) any other valid

reason exists, investigative counsel shall submit a written report to the Chief Judge containing his or her

findings and recommendations for disposition of the matter. If the Chief Judge concludes that no further

action is required or that the matter should be deferred pending conclusion of another proceeding against

the respondent, the Chief Judge shall instruct investigative counsel to so notify the respondent in

writing. If the Chief Judge concludes that further investigation is required, he or she shall remand the

matter to investigative counsel for further investigation in accordance with the Chief Judge's directive.

(6) Conclusion of Discipline by Consent. Should investigative counsel conclude after

investigation and review that a private reprimand or public discipline should be issued to the respondent

based on clear and convincing evidence, and the respondent consents to the recommendation of

investigative counsel, the investigative counsel shall submit a written report to the Chief Judge

containing his or her findings and recommendations. If the Chief Judge approves the recommendation of

investigative counsel, he or she shall submit the report to the full Court for review and disposition. If the

Chief Judge or the full Court concludes that further investigation is required, the matter shall be

remanded to investigative counsel for further investigation in accordance with the Chief Judge's or the

full Court's directive. If the respondent does not consent to the issuance of either a private reprimand or

public discipline as recommended by the investigative counsel, the investigative counsel shall proceed

in accordance with the provisions of L.Civ.R. 104.1(e)(7).

(7) Conclusion of Public Discipline Absent Consent. Should investigative counsel conclude

that clear and convincing evidence of misconduct exists warranting the imposition of public discipline,

investigative counsel shall submit a confidential written report, which shall not be shared with any

individual, and application to the Chief Judge for the issuance of a Complaint and an order to show

cause signed by the Chief Judge requiring the respondent to show cause why such discipline should not

be imposed.

(8) Upon the Chief Judge’s issuance of a complaint and order to show cause as set forth in

L.Civ.R. 104.1(e)(7), the respondent shall file an answer within 21 days of the receipt of the complaint

and order to show cause. In the answer, respondent may set forth all affirmative defenses, including all

claims of mental and physical disability, if any, and whether the affirmative defenses are alleged to be

causally related to the offense charged. Within 30 days of the filing of an answer, the respondent and

investigative counsel may serve demands for discovery.

(9) Upon the filing of a complaint and order to show cause, as set forth in L.Civ.R.

104.1(e)(7), the Chief Judge shall set the matter for prompt hearing before a District Judge, provided,

however, that if the disciplinary proceeding is predicated upon the complaint of a District Judge of this

Court, the hearing shall be conducted before a different District Judge appointed by the Chief Judge, or

if the Chief Judge is the complainant, by the next active District Judge senior in commission.

(10) The hearing referred to in L.Civ.R. 104.1(e)(9) shall be presented by the investigative

counsel. A stenographic record shall be made of the proceeding. At the conclusion of the hearing, the

District Judge assigned to the matter shall submit his or her findings of fact, conclusions of law and

recommendations, if any, to the full Court for action, with a copy to the respondent and to investigative

counsel.

(11) The full Court shall review the findings of fact, conclusions of law and recommendations

of the District Judge designated by the Chief Judge to hear the matter, the transcript of the hearings and

the briefs previously filed with the Court, if any. The record may be supplemented by the filing of briefs

pursuant to a schedule fixed by the Chief Judge for review on the record and briefs, without oral

argument, by the full Court. The full Court shall take whatever action it deems appropriate including, but

not limited to, the dismissal of the action, private reprimand, the issuance of public discipline, as set

forth in L.CivR. 104.1(d)(1), and the imposition of fees and expenses of the Court and/or investigative

counsel, as set forth in L.Civ.R. 104.1(k).

(12) Respondent may have legal representation throughout the disciplinary proceeding,

including to aid the respondent in responding to investigative counsel’s inquiry and/or discovery

demands, or may proceed pro se.

(13) In furtherance of the investigation proceeding pursuant to L.Civ.R. 104.1(e)(4),

investigative counsel may seek the issuance of a subpoena ad testificandum or a subpoena duces tecum

by making an application to the Chief Judge. After an order to show cause has been issued by the Chief

Judge pursuant to L.Civ.R. 104.1(e)(7), investigative counsel and respondent may seek the issuance of a

subpoena ad testificandum or a subpoena duces tecum by way of application to the District Judge

designated to hear the matter.

(14) The standard of proof in proceedings before the District Judge designated to hear the

matter and the full Court shall be clear and convincing evidence, and the burden of proof under that

standard shall be on the investigative counsel.

(15) Public Disclosure of Discipline by the Court. Where investigative counsel recommends

disciplinary action, respondent consents to that recommendation, and the Chief Judge or full Court

approves the recommendation, respondent may provide comments in advance of publication to a

summary public disclosure to be made by the Court announcing such discipline. The content of the

summary public disclosure shall be in the discretion of the Court. The summary public disclosure shall

be published in The New Jersey Law Journal in four consecutive issues of that publication, and it shall

appear on the Court’s website for one year from the date of first publication.

(f) Disbarment on Consent While Under Disciplinary Investigation or Prosecution

(1) Any attorney admitted to practice before this Court who is the subject of an investigation into or a

pending proceeding involving allegations of misconduct may consent to disbarment, but only by delivering to

this Court an affidavit or other document complying with 28 U.S.C. § 1746 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 such consent;

(B) the attorney is aware that there is presently pending an investigation or 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 if charges were predicated upon the

matters under investigation, or if the proceeding were prosecuted, the attorney could not

successfully defend.

(2) Upon receipt of the required affidavit or other document complying with 28 U.S.C. §

1746, this Court shall enter an order disbarring the attorney signed by the Chief Judge, unless

unavailable, at which time the order shall be signed by the next active District Judge senior in

commission.

(3) The order disbarring the attorney on consent shall be a matter of public record; however,

the affidavit or other document complying with 28 U.S.C. § 1746 required by this Rule shall not be

publicly disclosed or made available for use in any other proceeding except upon order of this Court.

(g) Reinstatement

(1) After Disbarment or Suspension

An attorney suspended for three months or less shall be automatically reinstated at the end of the period

of suspension upon filing with the Court an affidavit or other document complying with 28 U.S.C. § 1746 of

compliance with the provisions of the order. An attorney suspended for more than three months or disbarred

may not resume practice until reinstated by order of this Court.

(2) Time of Application Following Disbarment

A person who has been disbarred after hearing or by consent may not apply for reinstatement until the

expiration of at least five years from the effective date of the disbarment.

(3) Hearing on Application

Filing, service and notice of the petition shall be in accordance with the rules and regulations

promulgated by the Disciplinary Review Board appointed by the Supreme Court of New Jersey. See New Jersey

Court Rule 1:20-21. Petitions for reinstatement under this Rule by a disbarred or suspended attorney shall be

filed with the Clerk. Upon receipt of the petition, the Clerk shall refer the petition to the Chief Judge, who shall

determine whether it should be resolved on the papers or requires a hearing before a District Judge. If a hearing

is required and the disciplinary proceeding was predicated upon the complaint of a District Judge of this Court,

the hearing shall be conducted before a different District Judge appointed by the Chief Judge, or if the Chief

Judge was the complainant, by the next active District Judge senior in commission. Regardless of whether a

matter is resolved on the papers or through a formal hearing, the attorney seeking reinstatement shall have the

burden of demonstrating by clear and convincing evidence that he or she has the moral qualifications,

competency and learning in the law required for admission to practice law before this Court and that his or her

resumption of the practice of law will not be detrimental to the integrity and standing of the bar or to the

administration of justice, or subversive of the public interest.

(4) Duty of Counsel

In all proceedings upon a petition for reinstatement, cross-examination of the witnesses of the petitioner

and the submission of evidence, if any, in opposition to the petition shall be conducted by counsel.

(5) Conditions of Reinstatement

If the petitioner is found unfit to resume the practice of law, the petition shall be dismissed. If the

petitioner is found fit to resume the practice of law, the judgment shall reinstate that person, provided that the

judgment may make reinstatement conditional upon the payment of all or part of the costs of the proceedings,

and upon the making of partial or complete restitution to parties harmed by the petitioner whose conduct led to

the suspension or disbarment. If the petitioner has been suspended or disbarred for five years or more,

reinstatement may be conditioned, in the discretion of the District Judge before whom the matter is heard, upon

the furnishing of proof of competency and learning in the law, which proof may include certification by the bar

examiners of a state or other jurisdiction of the attorney's successful completion of an examination for

admission to practice subsequent to the date of suspension or disbarment.

(6) Successive Petitions

No petition for reinstatement under this Rule shall be filed within one year following an adverse

judgment upon a petition for reinstatement filed by or on behalf of the same person.

(h) Attorneys Specially Admitted

Whenever an attorney applies to be admitted or is admitted to practice before this Court for purposes of

a particular proceeding (pro hac vice), the attorney shall be deemed thereby to have conferred disciplinary

jurisdiction upon this Court for any alleged misconduct of that attorney arising in the course of or in the

preparation for such proceeding.

(i) Service of Papers and Other Notices

Service of an order to show cause instituting a formal disciplinary proceeding shall be made by personal

service or by registered or certified mail addressed to the respondent at the address shown in the roll of

attorneys of this Court or the most recent edition of the New Jersey Lawyers Diary and Manual. Service of any

other papers or notices required by these Rules shall be deemed to have been made if such paper or notice is

addressed to the respondent at the address shown on the roll of attorneys of this Court or the most recent edition

of the New Jersey Lawyers Diary and Manual, or to the respondent's attorney at the address indicated in the

most recent pleading or other document filed in the course of any proceeding.

(j) Appointment of Counsel

Whenever counsel is to be appointed pursuant to these Rules to investigate allegations of misconduct or

prosecute disciplinary proceedings or in conjunction with a reinstatement petition filed by a disciplined attorney,

this Court may appoint as counsel the disciplinary agency of the Supreme Court of New Jersey, or other

disciplinary agency having jurisdiction. If no such disciplinary agency exists or such disciplinary agency

declines appointment, or such appointment is clearly inappropriate, this Court shall appoint as counsel one or

more members of the bar of this Court to investigate allegations of misconduct or to prosecute disciplinary

proceedings under these Rules, provided, however, that the respondent may move to disqualify an attorney so

appointed who is or has been engaged as an adversary of the respondent in any matter. Counsel, appointed

under this paragraph or paragraph (e)(12) above, may not resign without permission from the Court. Counsel

may use reasonable services as needed to assist in the appointment, such as an associate and/or paralegal in the

firm and be compensated for reasonable services under L.Civ.R. 104.1(k).

(k) Payment of Fees and Costs

At the conclusion of any disciplinary investigation or prosecution under these Rules, counsel appointed

by the Court to either investigate or prosecute the respondent in these disciplinary proceedings shall submit to

the Court an itemized affidavit or other document complying with 28 U.S.C. § 1746 of expenses incurred in the

course of such disciplinary investigation or prosecution. Any such appointed counsel may also submit an

itemized affidavit or other document complying with 28 U.S.C. § 1746 of fees, at such rate as may be allowable

to counsel for indigent defendants under the federal Criminal Justice Act. Any attorney who is disciplined

because of misconduct may be directed by the Court to pay all or part of the fees and expenses incurred by the

Court and/or by any counsel appointed by the Court to investigate allegations of misconduct and/or to prosecute

the disciplinary proceedings. If the disciplinary proceedings result in the imposition of no discipline upon the

respondent, counsel appointed to investigate and/or prosecute the proceedings may seek from the Court an order

that her/his expenses be reimbursed from the Court’s Attorney Admissions Fee Fund. If the respondent is

determined to be indigent, any attorney appointed to either investigate or prosecute the respondent may seek

from the Court an order that her/his expenses be reimbursed from the Court’s Attorney Admissions Fee Fund,

without regard to whether the proceedings resulted in the imposition of discipline. Upon receipt of affidavits or

other documents complying with 28 U.S.C. § 1746 regarding attorney’s fees as described above, the Court may,

in exceptional circumstances and if specifically requested by the applicant, order payment from the Court’s

Attorney Admissions Fee Fund of all or part of the fees of any appointed counsel. Any of the foregoing

applications shall be made to the District Judge appointed pursuant to paragraph (e)(9) hereof or, if no such

District Judge has been appointed, to the Chief Judge.

(l) Duties of the Clerk

(1) Upon being informed that an attorney admitted to practice before this Court has been

convicted of any crime, the Clerk shall determine whether the clerk of the court in which such

conviction occurred has forwarded a certificate of such conviction to this Court. If a certificate has not

been so forwarded, the Clerk shall promptly obtain a certificate and file it with this Court.

(2) Upon being informed that an attorney admitted to practice before this Court has been

subjected to discipline by another court, the Clerk shall determine whether a certified or exemplified

copy of the disciplinary judgment or order has been filed with this Court, and, if not, the Clerk shall

promptly obtain a certified or exemplified copy of the disciplinary judgment or order and file it with this

Court.

(3) Whenever it appears that any person convicted of any crime or disbarred, suspended,

censured, publicly reprimanded, admonished or disbarred on consent by this Court is admitted to

practice law in any other jurisdiction or before any other court, the Clerk shall, within 14 days of that

conviction, disbarment, suspension, censure, public reprimand, admonition or disbarment on consent,

transmit to the disciplinary authority in such other jurisdiction, or for such other court, a certificate of

the conviction or a certified copy of the judgment or order of disbarment, suspension, censure, public

reprimand, admonition or disbarment on consent, as well as the last known office and residence

addresses of the defendant or respondent.

(4) The Clerk shall also promptly notify the National Discipline Data Bank operated by the

American Bar Association of any order imposing public discipline upon any attorney admitted to

practice before this Court.

(m) Jurisdiction

Nothing contained in these Rules 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

Title 18 of the United States Code or under Fed. R. Crim. P. 42.