Counsel’s Failure to Appear

The court may impose the following costs or sanctions: (A) For failure to appear, or appearing late, at any proceeding before any of the judges or magistrate judges when the lawyer has been given timely notice of the proceeding, has failed in advance to seek a continuance, and has no adequate excuse: (1) (2) Upon a first violation, or if the last violation was more than two years ago, he or she may be ordered to pay a fee in a reasonable amount to each opposing counsel who has appeared. Upon a second violation, or within two years of the first, the lawyer may be ordered to pay a fee in a reasonable amount to each opposing counsel who has appeared, and may be required to show cause before a judge of this court why he or she should not be suspended from practice or subjected to some other form of discipline. (3) This fee may not be waived, returned, taken into account on settlement, billed or charged to a client in any way. (B) For failure, without adequate excuse, to appear for a trial or a hearing for which witnesses have been summoned, or for unreasonable delay in appearing, the lawyer may be required to show cause why he or she should not be subject to disciplinary action. [Amended February 1, 2011]