D.V.I. LRCi 83.2

(a) Standards for Professional Conduct—Basis for Disciplinary Action.

(1) In order to maintain the effective administration of justice and the integrity of the

Court, each attorney admitted or permitted to practice before this Court shall comply

with the standards of professional conduct required by the Model Rules of

Professional Conduct (the “Model Rules”), adopted by the American Bar

Association, as amended. Attorneys who are admitted or permitted to practice

before this Court are expected to be thoroughly familiar with the Model Rules’

standards.

(2) Any attorney admitted or permitted to practice before this Court, after notice and an

opportunity to be heard, may be disbarred, suspended from practice, reprimanded,

or subjected to such other disciplinary action as the circumstances may warrant for

misconduct.

(3) Acts or omissions by an attorney admitted or permitted to practice before this Court,

individually or in concert with any other person or persons, which violate the Model

Rules, shall constitute misconduct and shall be grounds for discipline, whether or

not the act or omission occurred in the course of an attorney-client relationship or

in the course of judicial proceedings.

(b) Disciplinary Proceedings. When misconduct or allegations of misconduct which, if

substantiated, would warrant discipline on the part of an attorney admitted or permitted to

practice before this Court, shall come to the attention of a judicial officer of this Court, whether

by complaint or otherwise, and the applicable procedure is not otherwise mandated by these

Rules, the judicial officer shall inform the Chief Judge. Thereafter, the Chief Judge or the Chief

Judge’s designee shall refer the matter to a Magistrate Judge or a committee designated by the

Chief Judge (Disciplinary Committee) for investigation and a report and recommendation. The

Magistrate Judge or the Disciplinary Committee shall afford the attorney the opportunity to be

heard. The attorney may submit objections to the report and recommendation. Any objections

are to be filed with the Court within 14 days from the date of filing of the report and

recommendation. The matter will then be submitted to the Court for final determination.

(c) Disciplinary Penalties.

(1) An order imposing discipline under this rule may consist of any of the following:

(iii) disbarment;

(iv) suspension;

(v) public or private reprimand;

(vi) monetary penalties, including an order to pay the costs of proceedings; or

(vii) if the attorney was admitted pro hac vice or has been otherwise permitted to

appear, preclusion from, or the placement of conditions on, any further

appearances before this Court.

(2) Any suspension or reprimand imposed may be subject to additional specified

conditions, which may include continuing legal education requirements, counseling,

supervision of practice, or any other condition which the Court deems appropriate.

(d) Powers of Individual Judges to Deal with Contempt or Other Misconduct Not

Affected.

(1) The remedies for misconduct provided by this rule are in addition to the remedies

available to individual judges under applicable law with respect to lawyers

appearing before them. Misconduct of any attorney in the presence of a judge or in

any manner with respect to any matter pending before the Court may be dealt with

directly by the judge in charge of the matter or, at the judge’s option, referred to the

Chief Judge, or both.

(2) Nothing in this rule shall limit the Court’s power to punish contempt or to sanction

counsel in accordance with the federal rules of procedure or the Court’s inherent

authority to enforce its rules and orders.

(e) Notice of Disciplinary Action to Other Courts. The Clerk of Court shall give prompt

notice of any order imposing discipline under this rule to the Court of Appeals for the Third

Circuit, the Supreme Court of the Virgin Islands, and the American Bar Association.

(f) Confidentiality. Unless otherwise ordered by the Court, complaints, grievances, and

any files based on them, shall be treated as confidential.

(g) Disbarment or Suspension on Consent While Under Disciplinary Investigation or

Prosecution.

(1) Affidavit of Consent. Any attorney admitted or permitted 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 or suspension, but only by

delivering to this Court an affidavit stating that the attorney desires to consent to

disbarment or suspension and that:

(i) the attorney’s consent is freely and voluntarily given; the attorney is not being

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

of consenting;

(ii) the attorney is aware that there is a pending investigation or proceeding

involving allegations that grounds exist for the attorney’s discipline, the nature

of which the attorney shall specifically set forth;

(iii) the attorney acknowledges that the material facts so alleged are true; and,

(iv) the attorney so consents because the attorney knows that if charges were

predicated upon the matters under investigation, or if the proceedings were

prosecuted, the attorney could not successfully defend against the charges.

(2) Order of Disbarment or Suspension on Consent. Upon receipt of the required

affidavit, the Court may enter an order disbarring or suspending the attorney.

(3) Disclosure. The order disbarring or suspending the attorney on consent shall be a

matter of public record. The affidavit required under the provisions of this rule shall

not be publicly disclosed, however, or made available for use in any other

proceeding except upon order of this Court.

(h) Disbarment or Resignation in Other Courts.

(1) Any attorney admitted to practice before this Court who is disbarred, disbarred on

consent, or resigns from the bar of any Court while an investigation into allegations

of misconduct is pending, shall be stricken from the roll of attorneys admitted to

practice before this Court, upon the filing of a certified copy of the judgment or

order of disbarment or accepting such disbarment on consent, or resignation.

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

on consent, or resigning from the bar of any Court while an investigation into

allegations of misconduct is pending, shall promptly inform the Clerk of the

disbarment, disbarment on consent, or resignation.

(i) Attorneys Convicted.

(1) Felony Convictions.

(i) Conviction in this District. Upon the entry of judgment of a felony conviction

against an attorney admitted or permitted to practice before this Court, the Clerk

shall immediately notify the Chief Judge of the conviction. The Chief Judge or

the Chief Judge’s designee shall then immediately issue an order suspending

the attorney, regardless of the pendency of any appeal, until final disposition of

a disciplinary proceeding as set forth in this Rule. A copy of such order shall

be served upon the attorney.

(ii) Convictions in Other Courts. Upon the filing with this Court of a certified copy

of a judgment of conviction demonstrating that any attorney admitted or

permitted to practice before this Court has been convicted of a felony in any

Court of the United States or of a state, the District of Columbia, the

Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of

the Northern Mariana Islands, or the Virgin Islands of the United States, the

Chief Judge or the Chief Judge’s designee shall enter an order immediately

suspending that attorney, 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 be served upon the attorney.

(2) Other Crimes. Upon the filing of a certified copy of a judgment of conviction of an

attorney for any crime, the Chief Judge may appoint a Disciplinary Committee for

whatever action deemed warranted.

(3) Certified Judgment as Conclusive Evidence. 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) Reinstatement Upon Reversal of Conviction. An attorney suspended under the

provisions of this rule will be reinstated immediately upon the filing of a certificate

demonstrating that the underlying conviction has been reversed, but the

reinstatement will not terminate any disciplinary proceeding then pending against

the attorney.

(j) Discipline Imposed by Other Courts.

(1) When it is shown to this Court that any member of its Bar has been suspended or

disbarred from practice in any other court of record, or has been guilty of conduct

unbecoming a member of the bar of this Court, the member will be subject to

suspension or disbarment by this Court. The member shall be afforded an

opportunity to show good cause, within such time as the Court shall prescribe, why

the member should not be suspended or disbarred. Upon the member’s response to

the order to show cause, and after hearing, if requested or ordered by the Court, or

upon expiration of the time prescribed for a response, if no response is made, the

Court shall enter an appropriate order.

(2) Upon the filing of a certified copy of a judgment or order establishing that an

attorney admitted or permitted to practice before this Court has been disciplined by

any court of competent jurisdiction, this Court shall issue forthwith a notice directed

to the attorney containing:

(i) a copy of the judgment or order from the issuing court; and

(ii) an order directing the attorney to show cause within thirty (30) days after

service why disciplinary action should not be taken against the attorney.

(3) The Chief Judge may designate another judge or a Disciplinary Committee to

investigate and submit a report and recommendation.

(k) Reinstatement.

(1) After Disbarment or Suspension. An attorney suspended or disbarred may not

resume practice until reinstated by order of this Court.

(2) Hearing on Application. Petitions for reinstatement by an attorney who has been

disbarred or suspended under this rule shall be filed with the Chief Judge of the

Court who shall schedule the matter for consideration by the active district judges

of this Court within thirty (30) days from receipt of the petition. In considering the

petition for reinstatement, the active district judges shall enter the order they deem

appropriate. In considering the petition for reinstatement, the Court may schedule a

hearing.

(3) Burden of Proof. The petitioner shall have the burden of demonstrating by clear and

convincing evidence that the petitioner has the moral qualifications, competency

and learning in the law required for admission to practice before this Court and that

resumption of the practice of law will not be detrimental to the integrity of the bar,

the administration of justice, or undermine the public interest.

(4) 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 the petitioner, 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.

This list is not intended to be exhaustive.

(l) Duties of the Clerk of Court.

(1) Upon being informed that an attorney admitted or permitted to practice before this

Court has been convicted of any crime, the Clerk shall determine whether the Clerk

of Court in which such conviction occurred has forwarded a certificate of such

conviction to this Court. If a certificate has not been forwarded, the Clerk shall

promptly obtain a certificate and file it with this Court.

(2) Upon being informed that an attorney admitted or permitted 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 who is convicted of any crime, disbarred,

suspended, censured, disbarred on consent, or otherwise precluded from appearance

and practice by this Court, is admitted to practice law in any other jurisdiction(s) or

before any other court(s), the Clerk shall promptly transmit to the other court(s) a

certificate of the conviction or a certified exemplified copy of the judgment or order

of disbarment, suspension, censure, disbarment on consent, or order of preclusion,

as well as the last known office and residence addresses of the defendant or attorney.

(4) The Clerk shall, likewise, 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.