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The federal courthouse at 225 Cadman Plaza in Brooklyn, New York. REUTERS Chip East

NYC federal courts adopt new rule on attorney discipline

2/22/2013 COMMENTS (0)

By Jessica Dye

NEW YORK, Feb 22 (Reuters) - Federal courts in New York City have adopted a rule requiring attorneys that have been disbarred, suspended or censured to notify courts about the disciplinary action.

The rule will become effective in the U.S. District Courts for the Eastern and Southern Districts of New York on Feb. 25, according to an order filed Friday in Manhattan federal court by Chief Judge Loretta Preska

The amendment, Joint Local Civil Rule 1.5(h), will compel an attorney admitted to the U.S. District Courts for the Eastern and Southern Districts to notify the court's clerk within 14 days of any cases in which a federal, state or territorial court, agency or tribunal has disbarred, suspended or censured him or her.

Douglas Palmer, clerk of the Eastern District, said the rule was intended to serve as a "double check." Currently, the Southern and Eastern district only rely on other jurisdictions to inform them when an attorney has been disciplined, he said.

The same rule will apply to attorneys who have resigned while under investigation for allegations of misconduct. Attorneys disbarred, censured or suspended from practicing in the Southern or Eastern Districts will also have to notify the clerks of other federal, state or territorial courts where they are admitted to practice within 14 days.

Attorneys who fail to comply with the rule could face a range of disciplinary action, from a letter of warning or reprimand to removal from the roll of attorneys admitted to that court.

The rule was originally adopted by the Board of Judges of the Southern District of New York on Nov. 27 and approved by the Judicial Council of the 2nd Circuit.

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