Attorney Discipline

(a) In General. The United States Court of Federal Claims, in furtherance of its inherent power and responsibility to supervise the conduct of attorneys who are admitted to practice before it, promulgates the following rule for attorney discipline. (b) Definitions. For purposes of this rule, the following definitions apply: (1) Another Court. Another court is defined as any court of the United States, the District of Columbia, or any U.S. state, territory, possession, or commonwealth. (2) Serious Crime. A serious crime is defined as: (A) any felony; or (B) any lesser crime whose necessary elements, as determined by the statutory or common law definition of the crime in the jurisdiction where the conviction occurred, include: (i) interference administration of justice; with the (ii) false swearing; (iii) misrepresentation; (iv) fraud; (v) willful failure to file an income tax return; (vi) deceit; (vii) bribery; (viii) extortion; (ix) misappropriation; (x) theft; or (xi) an attempt, conspiracy, or solicitation of another to commit a serious crime. RCFC 83.2 104 for Discipline. An attorney (c) Grounds admitted this court, to practice before including an attorney admitted to appear pro hac vice pursuant to RCFC 83.1(a)(2), may be disciplined under this rule on any of the following grounds: (1) the conviction by another court of a in RCFC serious crime as defined 83.2(b)(1) and (2); (2) an act, omission, or impairment that results in the attorney’s disbarment or suspension by another court; (3) disbarment on consent or resignation from the bar of another court while an investigation into an allegation of misconduct is pending; (4) failure to comply with the terms of this rule, including failure to notify the court in accordance with RCFC 83.2(e); or (5) any conduct before the court that is unbecoming a member of the bar of this court. (d) Types of Discipline. (1) In General. An attorney disciplined for conduct identified in RCFC 83.2(c) may be: (A) disbarred from the court; (B) suspended from practice before the court; (C) publicly or privately reprimanded; (D) required to provide restitution or pay monetary sanctions; or (E) subjected to other such disciplinary action as the circumstances may warrant. (2) Sanctions Under Other Provisions. Assessment of damages, costs, expenses, or attorney fees under RCFC 11, 16, 37, or 45, 28 U.S.C. § 1927, or similar statutory provisions are not disciplinary sanctions within the meaning of this rule and are not governed by this rule. (e) Attorney’s Duty to Notify the Court of a Conviction or Discipline Imposed by Another Court. (1) In General. An attorney admitted to practice before this court must notify the clerk in writing within 14 days of issuance of an order establishing the attorney’s: (A) conviction by another court of a serious crime; (B) disbarment or suspension by another court; or (C) disbarment on consent or resignation from the bar of another court while an investigation into an allegation of misconduct is pending. of Notification. The (2) Contents notification must include: (A) the name of the court imposing the conviction or discipline; (B) the date of the court’s action; (C) the docket number; (D) the offense committed; (E) the discipline imposed; and (F) the attorney’s current address. (f) Standing Panel on Attorney Discipline. (1) In General. All disciplinary matters will be referred to a Standing Panel on Attorney Discipline. (2) Members. (A) Appointment. The chief judge will appoint three judges to the standing panel to serve staggered three-year terms, with the initial appointments being for one-, two-, and three-year terms subsequent appointments being for three-year terms. and all (B) Eligibility for Reappointment. A judge who has served on the standing panel for three years will not be eligible for appointment to another term until three years after the termination of his or her last appointment. (C) Chairperson. The standing panel will designate one of its members to serve as the chairperson. (3) Unavailability of a Standing Panel Member. (A) To Hear a Particular Matter. If a member of the standing panel is unable or unavailable to hear a particular matter, the chief judge will appoint another to be a member of the panel for that matter. (B) To Complete the Member’s Term. If a member of the standing panel is unable to complete the remainder of judge 105 RCFC 83.2 cont. his or her term, the chief judge will appoint another judge to serve the remainder of the term. (g) Referrals, Investigations, and Disciplinary Proceedings. (1) Docketing. Consistent with RCFC 83.2(l), the clerk will maintain an attorney disciplinary docket and will assign a number to each matter at the time of referral to the standing panel. (2) Referring Matters the Standing Panel. The clerk must refer to the standing panel: (A) any received to this information from another court concerning a member of involving court’s bar disbarment, suspension, disbarment on consent, or resignation from the bar of another court while an investigation into an allegation of misconduct is pending; and (B) any complaint regarding attorney misconduct received from: (i) a judge or special master of the court; or (ii) a member of the public. (3) Review by the Standing Panel. (A) Upon receiving information from another court or a member of the public pursuant to RCFC 83.2(g)(2), the standing panel will review the allegation and determine whether the matter merits further investigation. If the standing panel concludes that the allegation on its face is insufficient to warrant imposition of any discipline, the standing panel will dismiss the matter without further proceedings by issuing a final order. (B) Upon receiving information from a judge or special master of the court pursuant to RCFC 83.2(g)(2), the standing panel will immediately open an investigation. the the Attorney. When panel the (4) Notifying standing an investigation is warranted pursuant to RCFC 83.2(g)(3), the clerk must provide written notice of the complaint. (5) Appointing Investigatory Counsel. determines RCFC 83.2 cont. 106 (A) In General. The standing panel may appoint the court’s staff attorney or other appropriate court personnel to investigate of misconduct. allegations (B) Role of Investigatory Counsel. In disciplinary investigatory a the conducting investigation, counsel may: (i) review the complaint and any relevant documents available at the court or provided by the complainant; (ii) interview witnesses, including the complainant and the attorney subject to the proceeding; (iii) provide to the standing panel, at the panel’s request, a report detailing investigatory counsel’s findings; and the (iv) take any additional steps that are to reasonably effectuate the investigation. necessary (C) Outside Counsel. In addition to, or as an alternative to, the procedure described in subparagraphs (A) and (B), at any stage of a proceeding the standing panel may, in its discretion, to appoint investigate prosecute and/or allegations of misconduct under this rule. counsel outside (6) Dismissal; Show Cause Order. insufficient (A) Dismissal. If the standing panel concludes that the finding of the investigation are to disciplinary further warrant proceedings, the panel will dismiss the matter by issuing a final order. (B) Issuing and Serving a Show Cause further the initiate proceedings, To Order. disciplinary standing panel must: (i) issue a show cause order describing the attorney’s alleged misconduct and directing the attorney to show cause why a specific discipline should not be imposed or why a discipline to be determined at a later date should not be imposed; and (7) Presumed Discipline. Unless (ii) serve the order on the attorney in accordance with RCFC 83.2(m). the standing panel concludes that a different the discipline may be appropriate, following discipline is presumed to apply and should be identified in the show cause order: (A) For Conviction by Another Court of a Serious Crime. Disbarment is the presumed the discipline conviction by another court of a serious crime. for (B) For Disbarment or Suspension by Another Reciprocal Court. disbarment or suspension is the presumed discipline for an act, omission, or impairment that results in an attorney’s disbarment or suspension by another court. (C) For Disbarment on Consent or Resignation From the Bar of Court. Another Reciprocal is disbarment presumed attorney’s for discipline disbarment on consent or resignation from the bar of another court while an investigation into an allegation of misconduct is pending. the an (D) For Conduct Unbecoming a Member of the Bar of this Court. There is no presumed discipline for is unbecoming a conduct member of the bar of this court; the standing panel will determine the appropriate discipline. that (8) Responding to a Show Cause Order. Unless otherwise ordered, an attorney must file any response to a show cause order within 30 days after service of the order. Any request for a hearing must be included in the response. (h) Proceedings Before the Standing Panel. (1) Representation by Counsel. An attorney may be represented by counsel in any disciplinary proceeding before the standing panel. (2) Suspending an Attorney. The standing panel will immediately suspend an attorney from practicing before the court upon notice that an attorney: (A) has been convicted by another court of a serious crime; or (B) has been disbarred, suspended, disbarred on consent, or resigned from the bar of another court while an investigation into an allegation of misconduct is pending, (3) Record of the Proceeding. (A) Content. The record will consist of the show cause order, the response to the order, all evidentiary materials, and all briefs submitted to or considered by the standing panel or the court. (B) Withholding Information. Information will be withheld from an extraordinary attorney only circumstances, e.g., for national security or criminal investigation purposes. (C) Copying in be given and Responding to Documents. If the record includes documents in addition to the show cause order and the response, an the attorney must opportunity to inspect and copy the additional documents at his or her expense and, if the attorney contests the charge but has not requested a hearing, must the opportunity to file a supplemental response. given be (4) Issuing a Final Order in an Uncontested Matter. If an attorney does not respond to a show cause order issued pursuant to RCFC 83.2(g)(6) or does not object to the imposition of discipline, the standing panel may issue a final order imposing such discipline. (5) Presumptions. (A) For Conviction by Another Court of a Serious Crime. When an attorney has been convicted by another court of a serious crime, the standing panel: (i) will treat the conviction as the conclusive evidence of that crime, commission of whether the conviction resulted from a plea of guilty or nolo contendere or from a verdict 107 RCFC 83.2 cont. after trial or otherwise, and regardless of the pendency of any appeal; and (ii) will limit further proceedings to a determination of the final discipline to be imposed. (B) For Disbarment, that on Consent, Suspension, Disbarment or the Bar of Resignation From Another Court. The standing panel will treat an attorney’s disbarment, suspension, disbarment on consent, or resignation from the bar of another court while an investigation into an allegation of misconduct is pending as conclusive evidence the misconduct in fact occurred and that the discipline was appropriate unless the standing panel concludes that: (i) the procedure was so lacking in notice or an opportunity to be heard it constituted a deprivation of due process; (ii) there was such an infirmity of the proof misconduct that this court could not, consistent with its duty, accept as final the conclusion on the matter; establishing that (iii) the imposition of the same discipline by this court would result in grave injustice; or (iv) the misconduct established is deemed to warrant substantially different discipline. (6) Conducting a Hearing in a Contested Matter. (A) In General. If an attorney requests a hearing in his or her response to a show a cause order or supplemental response filed pursuant to RCFC 83.2(h)(3)(C), the standing panel will schedule a hearing and the determine whether will submission of evidence, including the is appropriate. of witnesses, calling in (B) Notice of Hearing. An attorney must be given at least 30 days’ notice of the time, date, and place of the hearing. RCFC 83.2 cont. 108 (C) Subpoena. The standing panel may compel by subpoena: (i) the attendance of witnesses, including the attorney subject to the proceeding; and (ii) the production of documents. (D) Cross-Examining Witnesses. The attorney subject to the proceeding must be afforded an opportunity to cross-examine any witnesses called before the standing panel and to introduce evidence in defense or mitigation. (E) Recording. A hearing will be digitally recorded unless an attorney arranges to have a reporting service present at his or her own expense. (F) Post-Hearing Brief. The standing panel may order the filing of a post- hearing brief, which may include, at the panel’s direction, either a statement of facts or proposed findings fact. Post-hearing briefing is not a matter of right. (G) Issuing a Final Order. Following the conclusion of the disciplinary proceeding, the standing panel will issue a final order. of (7) Reporting a Final Order. The standing panel may: (A) direct the attorney or the clerk to send a copy of the final order to all the other courts before which attorney is admitted; and (i) Disbarment Consent While (B) direct the clerk to notify the National Disciplinary Data Bank of the discipline imposed. on Disciplinary Proceeding Is Pending. (1) In General. At an attorney’s request and upon receipt of the affidavit required under RCFC 83.2(i)(2), the standing panel may cease any investigation or proceeding being conducted under this rule and may enter an order disbarring the attorney on consent. (2) Affidavit. To initiate a disbarment on consent, an attorney must file an affidavit stating that: (A) the attorney investigation that an proceeding is aware or of the allegations involving attorney’s misconduct is currently pending, along with a statement setting forth the specifics of those allegations; (B) the attorney acknowledges that the material facts so alleged are true; (C) the attorney consents to disbarment; (D) the attorney is freely and voluntarily rendering consent, is not being subjected to coercion or duress, and is fully aware of the implications of such consent; and (E) the attorney consents to disbarment because the attorney knows that if charges were brought on the matters the attorney under could not present a successful defense. investigation, (j) Review of the Standing Panel’s Final Order. (1) A Petition for Rehearing. (A) In General. An attorney may seek review of the standing panel’s final order either by: (i) filing a petition for rehearing by the standing panel; or (ii) filing a combined petition for rehearing by the standing panel and suggestion for rehearing by the active judges of the court. (B) Contents. The petition must state with particularity each point of law or fact that the petitioner believes the standing panel has overlooked or misapprehended. (C) Time for Filing. Any petition for rehearing must be filed within 14 days after entry of the standing panel’s final order. (2) By Order of the Court. A majority of the active that a judges may order disciplinary matter be reheard by the active judges of the court. (3) Limitations on Rehearing by the Active Judges of the Court. A rehearing by the active judges of the court is not favored and will generally not be ordered except when necessary to secure or maintain uniformity of the court’s decisions or when the proceeding involves a question of exceptional importance. (k) Reinstatement. (1) A Petition for Reinstatement. (A) Contents. A petition for reinstatement must include: (i) clear and convincing evidence that the petitioner is a person of good moral character and is in good standing with the bar of the highest court of any U.S. state, territory or possession or the District of Columbia; (ii) clear and convincing evidence that the petitioner’s resumption of the practice of law will not be detrimental to the integrity and standing of the administration of justice, or to the public interest; and the bar, to (iii) a certificate of good standing disciplining the from jurisdiction, the petitioner if seeks reinstatement following discipline in a reciprocal matter. If a hearing is requested, such request must be included in the petition. (B) Time for Filing. (i) After Conviction by Another Court of a Serious Crime. If disbarment by this court was imposed based on an attorney’s conviction by another court of a serious crime, the attorney may file a petition for reinstatement only when the conviction is vacated or reversed. (ii) After Disbarment or Suspension by Another Court. If disbarment or suspension by imposed this court was an based reciprocally on attorney’s or disbarment suspension by another court, the attorney may file a petition for reinstatement only when the original discipline is lifted or expires. (iii) After Disbarment. An attorney who has been disbarred as a is result of conduct that 109 RCFC 83.2 cont. unbecoming a member of the bar of this court may file a petition for reinstatement any time after the expiration of three years from the effective date of the disbarment. (iv) After Suspension. (I) When Reinstatement Is Not the order If Automatic. suspending an attorney for conduct that is unbecoming a member of the bar of this court does not include an automatic of reinstatement, such attorney for may file a petition the reinstatement suspension period expires. right after reinstating (II) When Reinstatement Is Automatic. If the original suspension order directs that reinstatement be automatic, the standing panel will issue an order the attorney within 14 days after receiving attorney’s the affidavit of compliance with the suspension order. Petitions. not petition An a attorney may successive for reinstatement until the expiration of at least one year from the date of an adverse judgment on an earlier petition. file (v) Successive (C) Fees and Costs. The standing panel may direct that the petitioner provide an advance cost deposit in an amount set by the panel to cover anticipated costs reinstatement the of proceeding. (2) Conducting a Hearing. The standing panel will conduct a hearing on a petition for reinstatement if: (A) the petitioner hearing; and requests such a (B) the panel is not satisfied based on the petition alone that reinstatement is appropriate. RCFC 83.2 cont. 110 (3) Issuing a Final Order. The standing panel will issue a final order, with or without a hearing, either: (A) denying petition for the reinstatement; or (B) granting the petition if the panel determines that the petitioner is fit to resume the practice of law and concludes, upon a showing of good cause, that it would be in the interest of justice to reinstate the petitioner. (4) Conditions of Reinstatement. (A) In General. Reinstatement may be conditioned on the payment of all or part of the costs of the reinstatement proceeding and on the making of partial or complete restitution to any parties harmed by the conduct that led to the petitioner’s suspension or disbarment. furnishing (B) For Disbarment or Suspension of Five Years or More. If the petitioner has been disbarred or suspended for five years or more, reinstatement may, in the discretion of the standing panel, additionally be conditioned on the of competency and learning in law, including a certification by the bar examiners of a state or other the petitioner’s jurisdiction of successful an to for examination practice subsequent to the date of disbarment or suspension. of admission completion proof of (l) Access to Information. (1) Confidentiality an Ongoing of Disciplinary Proceeding. An ongoing disciplinary proceeding must be kept confidential unless: (A) the attorney subject to the proceeding requests proceeding, including any hearing before the standing panel and record compiled in the matter pursuant to RCFC 83.2(h)(3), be open to the public; or that the the (B) the standing panel determines that it is appropriate to disclose the subject matter and status of proceeding where: (i) the proceeding is based on the conviction by another court of a serious crime; (ii) the proceeding is based on an that has become allegation generally known to the public; or (iii) there is a need to notify a person or entity to protect the public, the the legal administration of justice. profession, or (2) Confidentiality After Issuance of a Final Order. (A) When No Discipline or a Private Reprimand Is Imposed. If the final order imposes no discipline or imposes a private reprimand, the record of the proceeding compiled pursuant to RCFC 83.2(h)(3) must be kept confidential unless the attorney subject to the proceeding requests that it be made part of the public record. (B) When an Attorney Is Disbarred on Consent. An order disbarring an attorney on consent must be made part of the public record, but the affidavit required under RCFC 83.2(i)(2) may not be publicly disclosed or made available for use in any other proceeding except on order of the standing panel. (C) All Other Cases. If other discipline is imposed, the final order and the record of the proceeding must be made part of the public record at the time the final order is issued. The standing panel may, however, issue a permanent order prohibiting the disclosure of any part of the record to protect the interest of a complainant, a witness, a third party or nonparty, or the attorney subject to the proceeding. protective (2) All Other Papers and Notices. Any other paper or notice is served by mailing the paper or notice to the attorney’s last known address. (n) Retention of Authority. Nothing contained in this rule should be construed to deny an individual judge the authority to maintain control over court proceedings, such as proceedings for contempt, issuance of public reprimands, or the imposition of fines of not more than $1,000.00. (As revised and reissued May 1, 2002; as amended Nov. 3, 2008, July 13, 2009, July 15, 2011, Aug. 3, 2015, Aug. 1, 2017, Aug. 3, 2020, July 31, 2025.) Rules Committee Notes 2002 Revision Former RCFC 83.2 has been renumbered as RCFC 7.1. New RCFC 83.2 formerly appeared in these rules as Appendix F. The incorporation of former Appendix F into the main body of the court’s rules reflects a more logical placement of its subject matter in the organizational structure of the court’s rules. 2008 Amendment The language of RCFC 83.2 has been amended to conform to the general restyling of the FRCP. 2009 Amendment RCFC 83.2 has been rewritten in its entirety. The new rule is intended to simplify the court’s procedures for the disposition of attorney the discipline matters by providing appointment, by the chief judge, or a three- member standing panel of the court’s judges to address all aspects of the disciplinary process, from the investigation of charges, to the conduct of hearings, to the determination of appropriate discipline. for (m) Service. (1) Show Cause Order. A show cause order must be served in person or by registered or certified mail addressed to the attorney at the attorney’s last known address. If service by registered or certified mail is ineffective, the standing panel must enter an order as appropriate to effect service. 2011 Amendment RCFC 83.2(g)(3) has been expanded to include a subparagraph (C) authorizing the standing panel “in the event the court staff attorney or other appropriate court personnel is recused” to appoint outside counsel to investigate and/or prosecute allegations of misconduct. 111 RCFC 83.2 cont. In addition, subparagraph (h)(5)(E) has been clarified by changing the phrase “witnesses called by the standing panel” to read “witnesses called before the standing panel.” 2015 Amendment* RCFC 83.2(e)(2) has been amended to require that the attorney’s notification to the court the of a conviction or discipline attorney’s current address. include RCFC 83.2(g)(1) has been amended to clarify that the clerk will maintain a docket of a disciplinary proceeding from the time of referral to the standing panel. an A new RCFC 83.2(g)(3) has been added to distinguish—in the timing of the standing panel’s investigation—between of initiation complaints arising outside the court and complaints arising within the court. A new paragraph (g)(4) has also been added to require that the attorney receive written notice of the complaint when the standing panel determines that an investigation is warranted. Former RCFC 83.2(g)(3)(C) has been renumbered as subparagraph (g)(5)(C) and amended to provide that as an alternative to appointing a court staff attorney or other appropriate court personnel, the standing panel may appoint outside counsel to investigate and/or prosecute allegations of misconduct. Former RCFC 83.2(g)(7) has been deleted as its substance has been incorporated into new paragraph (g)(3). RCFC 83.2(h)(3)(A) has been amended to clarify that the record in a disciplinary proceeding does not include internal court communications. former RCFC 83.2(h)(5)(C) Additionally, (“Presumptions”) has been incorporated into new paragraph (h)(5) in recognition of the fact that the outlined presumptions apply more broadly than only in the context of hearings in contested matters. RCFC 83.2(k)(1)(A) has been amended to specify that in reciprocal cases, a petition for reinstatement must include a certificate of good standing from the disciplining jurisdiction. 2017 Amendment RCFC 83.2(e)(1) has been amended to clarify that the 14-day deadline for notifying the court of an conviction, disbarment, or suspension runs from the date of the court order imposing discipline. attorney’s The title of RCFC 83.2(g) has been amended to include the three distinct steps involved in an attorney discipline matter: a referral to the standing panel, an investigation by the standing panel, and further disciplinary proceedings conducted by the standing panel. In addition, RCFC 83.2(g)(3)(A) and (B) have been amended to distinguish between disciplinary matters initiated in other courts or by members of the public and matters initiated by a judge or special master of the court. Finally, RCFC 83.2(g)(6)(A) and (B) have been amended to establish that the standing panel has two options at the close of an investigation conducted pursuant to RCFC 83.2(g)(5): dismiss the matter or issue an order to show cause to initiate further proceedings before the standing panel. 2020 Amendment RCFC 83.2(c)(2) and RCFC 83.2(g)(7)(B) have been amended to clarify that suspensions and disbarments on the basis of impairment are grounds for reciprocal discipline in this court. 2025 Amendment RCFC 83.2(a) and (c) have been amended to conform to the changes to RCFC 83.1(a)(2).