Disbarment and Disciplinary Action

(a) The conduct of judge advocates will be reviewed under the rules of their service. To the extent that those rules are inconsistent with the rules of professional conduct which apply in the location where a civilian member of the bar maintains a principal office, the conduct of civilian counsel will be reviewed under the rules of their licensing jurisdiction. To the extent that the applicable professional responsibility rules of the Judge Advocate’s service or civilian jurisdiction rules do not cover a subject, the then-current American Bar Association Model Rules of Professional Conduct will apply. (b) Attorneys must report any suspension, disbarment, or final disciplinary action in the bars of other courts to the Court within thirty days following said action. Whenever a member of the Bar of the Court has been disbarred or suspended from practice in any court of record, the Court must enter an order temporarily suspending that member from practice before the Court and affording the member an opportunity to show cause, within thirty days, why a disbarment or suspension order should not be entered. Upon response, or if no response is timely filed, the Court will enter an appropriate order. (c) If it appears that a member of the Bar of the Court has engaged in conduct unbecoming a member of the Bar, or failed to comply with this Rule or any other rule or order of the Court, the Court may enter an order affording the member an opportunity to show cause, within thirty days, why disciplinary action should not be taken. If the member, in responding to the show cause order, raises material questions of fact, the Court may appoint a special master who must make further investigation, take evidence, and make recommendations. After affording the member of the Bar a reasonable opportunity to prepare written objections to the proposed findings of fact and recommendations, the proposed findings and recommendations, together with any written objections thereto, must be submitted to the Court. Upon due consideration thereof, the Court may take such disciplinary action as it determines appropriate against the member of the Bar. 12