D.R.I. LR Gen 210(d)

(d) Hearing

(1) Forum. In the Court’s discretion, any hearing conducted pursuant to LR Gen 210

may be conducted before a magistrate judge or bankruptcy judge designated by

the Court, a single district judge or all of the active judges of the Court who are

eligible and able to participate. However, if the disciplinary proceeding was

initiated by a complaint by a district judge, magistrate judge, or bankruptcy judge;

or, if a magistrate judge or bankruptcy judge made any recommendation to the

Court pursuant to LR Gen 210(b)(2), any such hearing shall not be conducted by

that judge, nor shall that judge participate in any decision or other action taken by

the Court with respect to the matter.

(A) If the hearing is conducted by a district judge, the Court may authorize

that district judge to order whatever disciplinary action is appropriate

under these Local Rules without further action by the Court.

(B) If the hearing is conducted by a magistrate judge or bankruptcy judge, the

magistrate judge or bankruptcy judge shall submit findings of fact and

recommendations for disposition to the Court and the Clerk shall serve a

copy of the findings and recommendations upon the attorney and any

special prosecutor appointed by the Court.

(C) Within 14 days from the date of the order, the attorney and/or any special

prosecutor appointed by the Court may serve and file written objections to

the report. Failure to file an objection within the 14-day period shall be

deemed a waiver of any objection. Those portions of the magistrate judge

or bankruptcy judge’s findings and recommendations to which objection is

made shall be reviewed by the Court de novo based on the record

compiled before the magistrate judge or bankruptcy judge. The Court may

accept, reject, or modify, in whole or in part, the findings or

recommendations made by the magistrate judge or bankruptcy judge or it

may receive further evidence or recommit the matter to the magistrate

judge or bankruptcy judge with instructions.

(2) Conduct of Hearing. The Court may elect to appoint a special prosecutor to

present evidence at any disciplinary hearing and to cross-examine any witnesses.

The respondent attorney shall have a similar right to present evidence and cross-examine witnesses and to be represented by counsel.

Effective 12/1/18: §§(a)-(d) amended. Effective 12/1/15: §§(d)(1)(A)-(C) amended. Effective 12/1/11: §§(c)(3)

and (d)(1)(C) amended. The numerical references in this rule were altered as part of the restyling of numerical

references throughout the Local Rules. Effective 12/1/09: §§(c)(3) and (d)(1)(C) amended.