Basic HTML Version
(e) Effectuation of Discipline.
All discipline ordered by the Court will be accomplished by a panel
or en banc order effective on the date prescribed in the order and final as of the date of the order.
See also Rule 13(d).
(f) Nondisciplinary Suspension.
A temporary nondisciplinary suspension imposed under these
rules is not considered to be a disciplinary action.
RULE 6. ACCUSATIONS OF PROFESSIONAL MISCONDUCT
(a) Role of the Chief Judge and the Clerk.
Any person, including the Clerk, or any judge, panel
of judges, or entity may file with the office of the Clerk an accusation of professional misconduct
(called a grievance). After receiving such a grievance, the Clerk will assign a nonpublic docket
number to the matter. The Clerk will refer the matter to the Chief Judge, except that if the
grievance is filed by a judge or judges of the Court, the Clerk will issue an order referring the
grievance to the Panel for consideration. If the Chief Judge determines that the grievance does
not have prima facie validity, the matter will be closed and the Chief Judge will direct the Clerk
to return the grievance to the filing party with notice of that finding. If the Chief Judge
determines that the grievance has prima facie validity, the Chief Judge will instruct the Clerk to
refer the matter to a Panel and the Clerk will issue an order doing so. If the grievance is filed by
a judge or judges of the Court, that judge or those judges will not be included in the panel to
which the matter is referred. The Clerk will mail a copy of any referral order to the practitioner
concerned (along with copies of these rules and of any grievance filed by a member of the
public).
(b) Action by the Panel.
(1) The Panel will:
(A) Determine that the actions described would not constitute misconduct if true, or that
the matter is not within the Court's disciplinary authority, and direct the Clerk to return
the grievance to the filing party with notice of that finding; or
(B) issue an order to show cause why the grievance should not be referred to the
Committee for action under Rule 2.
(2) If the Panel has issued an order to show cause under paragraph (1)(B) and a response thereto
["show-cause response"] has been received or the time for filing a show-cause response has
expired, the Panel will:
(A) Dismiss the grievance as unfounded or unsupported by sufficient evidence; or
(B) if the grievance is not contested, issue an order to show cause why a specific discipline
should not be imposed by the Court; or
8