COURTROOM SECURITY

(a) The United States Marshal or a Court Security Officer shall be present at all proceedings held in open court, unless otherwise ordered by the Court. (b) Firearms, or weapons, or any device that may be used as a weapon are prohibited in any courtroom in the District: except those possessed by an employee of the 49 United States Marshal’s Service; or those possessed by a credentialed law enforcement officer or agent of the United States with express prior approval, on a case by case basis, of the United States Marshal or the Marshal’s designee. LR 83.9a PURPOSE OF MEDIATED SETTLEMENT CONFERENCES These rules govern reference of selected civil actions for mediated settlement conferences. Their purpose is to provide for an informal process conducted by a mediator with the objective of helping the parties reach a mutually acceptable settlement of their dispute.

The rules are not intended to force settlement upon any party. The rules shall be construed to secure the speedy, fair, and economical resolution of controversies while preserving the right of all parties to a conventional trial. LR 83.9b CONFERENCES SELECTION OF CASES FOR MEDIATED SETTLEMENT (a) Automatic Selection by these Rules. Several categories of civil cases are automatically selected for mediated settlement conferences, without specific order by the Court.

These categories include, according to the nature of suit designations made in opening the case in CM/ECF or as listed within the court forms appearing at www.ncmd.uscourts.gov, (1) contract [categories 110-140 and 160-195, specifically excluding 150-153], (2) tort [all categories, 310-385], (3) civil rights [all categories, 440- 444], (4) employment and labor [all categories, 710-791], (5) property rights [all categories, 820-840], (6) antitrust [category 410], (7) banks and banking [category 430], (8) securities/commodities/ exchange [category 850], and (9) environmental matters [category 893]. The parties to these actions shall discuss mediation plans at the Fed.R.Civ.P. 26(f) meeting of the parties and report such plans in their Rule 26(f) Report in preparation for the entry of an initial pretrial order. See LR16.1(b)(c) and (d). Cases wherein the United States is a party or the plaintiff appears pro se are not included within this automatic selection for mediation.

(b) Discretionary Selection by the Court. In its discretion, the Court may order a mediated settlement conference in any action not automatically selected under section (a), above. After entry of such an order, the parties shall have 21 days to file a statement identifying an agreed-upon mediator. If a mediator is not selected by the parties within such period, the court shall appoint a mediator in the manner provided by these rules.

(c) Stipulated Selection by the Parties. In any case where selection for a mediated settlement conference is not automatic under section (a) of this rule, the parties may file a stipulation for mediation. In such stipulation, the parties may state any agreements they have reached regarding the identity of the mediator, the timing of the conference, and any modification of the procedures described by these rules. 50 (d) Exemption from Mediation.

Any party, or parties jointly, may file a motion for exemption from mediation. Such a motion will be granted only on a showing of good cause. A general assertion that a case is not likely to settle or that settlement possibilities are remote does not constitute good cause. LR 83.9c MEDIATORS (a) Certification.

The clerk shall maintain a list of mediators who have agreed to serve under these rules. The list shall identify areas of subject matter expertise of each mediator according to the categories identified in LR 83.9b(a) and include such biographical information as each mediator may wish to provide. Attorneys who have been certified as mediators pursuant to the rules of the North Carolina Supreme Court and who have a total of at least 8 years of civil trial practice, judgeship on a state or federal court, and/ or membership on the faculty of an accredited law school may serve on the panel of mediators. All district, magistrate, and bankruptcy judges of the Middle District of North Carolina are authorized to act as mediators or neutrals in this district without application or requiring certification from the North Carolina Supreme Court.

Appointment to the list does not guarantee any mediator that he or she will be appointed to serve in any case before the Court. (b) Compensation of Mediators. Mediators under these rules shall be compensated by the parties at an hourly rate and in a manner set by the Chief Judge, except that in the case of an agreed-upon mediator, the parties may agree to greater compensation and expense reimbursement. Unless otherwise agreed by the parties and the mediator, the parties shall make payment directly to the mediator at the termination of the mediated settlement conference, whether or not the case is settled.

When a mediator is Court-appointed, the mediator shall be compensated for up to 2 hours of preparation time and for the time expended in the conference, and the only compensable expense of the mediator may be travel mileage at the ordinary government rate. For all mediations, each party or third party represented by separate counsel is responsible for that party’s equal share of the mediator's fee and expenses, unless otherwise agreed by all parties or ordered by the Court in the interest of fairness. For purposes of this rule, multiple parties shall be considered one party when they are represented by the same counsel. (c) Compensation of Mediators when a Party is Unable to Pay.

If a party contends it is unable to pay its share of the mediator's fee, that party shall, no later than 7 days after the mediation conference has concluded, file a motion with the Court to be relieved of the obligation to pay. The motion shall be accompanied by an affidavit of financial standing. The mediated settlement conference should proceed without payment by the moving party, and the Court will rule on the motion upon completion of the case. The Court will take into consideration the outcome of the case, whether by settlement or judgment, and may relieve the party of its obligation to pay the mediator if payment would cause a substantial financial hardship.

If the party is relieved of its obligation, the 51 mediator shall remain uncompensated as to that portion of his or her fee, a circumstance that reflects the mediator's duty of pro bono service. (d) Procedure for Mediators to seek a Remedy when a Party Has Not Paid. In the event that a mediator, after reasonable good-faith efforts to collect on an outstanding mediation invoice, has not been paid by a party which has not otherwise been excused by the Court from such payment, the mediator may petition the Court for an order regarding the payment of same. The mediator shall serve such petition upon all parties in a format and with appropriate notices as otherwise required by these Local Civil Rules for non-dispositive motions, and any filing or hearing regarding such petition shall only address the time spent in or preparing for the mediation, allowed administrative fees and expenses, and the purported nonpayment of same.

The mediator and the parties shall not disclose any aspect of the mediation conference or the parties’ settlement negotiations that is considered “confidential” under these Local Rules or pursuant to any applicable North Carolina court rules or standards of professional conduct governing mediators and court-ordered mediations. LR 83.9d SELECTION OF THE MEDIATOR (a) Selection by Agreement. The parties are encouraged to select their own mediator by agreement. If, within 21 days of the initial pretrial order, the parties file a notice identifying an agreed-upon mediator, such notice shall be effective to select the mediator, and the clerk will notify the mediator of his or her selection.

The parties may select an agreed-upon mediator who is not on the clerk's list of certified mediators, but any such mediator must, prior to service, agree to be bound by all provisions of these rules. (b) Selection by the Clerk. If no timely statement pursuant to section (a) of this rule is submitted, the clerk shall appoint a mediator from the certified list. The appointment is within the discretion of the clerk, who may consider subject matter expertise in making the appointment.

The clerk shall give notice of the appointment to the mediator and the parties. (c) Disqualification. On motion made to the Court not later than 21 days before a scheduled mediated settlement conference, a mediator may be disqualified by the Court for bias or prejudice as provided in 28 U.S.C. §§144. Further, a mediator shall disqualify himself or herself if the mediator could be required to do so under 28 U.S.C. §§455 if he or she were a justice, judge, or magistrate judge.

(d) Copies of the Pleadings. On request of the mediator, the clerk shall furnish to the mediator a copy of the complaint, answer, and any third-party pleadings in the action. 52 LR 83.9e PROCEDURES FOR MEDIATED SETTLEMENT CONFERENCES (a) Time Period for the Mediated Settlement Conference. The mediated settlement conference shall be held during the discovery period unless the Court specifically orders otherwise.

(b) Scheduling the Mediated Settlement Conference. The mediated settlement conference may be held at any place agreed to by the parties and the mediator, or as otherwise determined by the mediator if such agreement is not reached within a reasonable period of time before the scheduled mediation. Because of space limitations, the federal courthouses are generally not available for mediated settlement conferences. After conferring with the attorneys for the parties regarding scheduling matters, the mediator shall determine the place and time of the conference (within the period established by these rules), and give notice to the parties.

(c) Submission of Position Papers to Mediator. Position papers or other written mediation statements may be submitted to a mediator in the parties’ discretion or upon the mediator’s request. As a general rule, any such paper or statement shall be reasonable in length given the nature and scope of the matter being mediated, and should be submitted within a reasonable period of time before the scheduled date of the mediated settlement conference. If considered “confidential” by the submitting party, any such paper or statement shall be designated as such.

The purpose of these submissions is to help the mediator become familiar with the assertions of the parties, and the parties may agree to the submission of additional information if they believe the information will facilitate the mediated settlement conference. The mediator may charge the submitting party for the time spent reviewing such papers or statements, subject to any separate agreement by the parties to otherwise divide such charge. In the mediator’s discretion, such charge may be included on a confidential or other separate invoice to the party or parties being invoiced for the same. (d) Duties of Parties, Representatives, and Attorneys.

The following persons shall be physically present at the entire mediated settlement conference unless otherwise agreed to by the parties and consented to by the mediator: (1) Individual parties; an officer, manager, or director of a corporate or other entity party, such representative to have full authority to negotiate on behalf of the entity and to approve or recommend a settlement (although another authorized representative with such authority may be available by telephone or other electronic means), unless the Court by order or all parties and the mediator by consent agree to another arrangement for participation by a representative with such authority; (2) At least one attorney of record for each represented party; (3) A representative of the insurance carrier for any party against whom a claim is made. The representative must have full authority to settle the claim (although an additional representative with such authority may be available by telephone or other electronic means), unless the Court by order or all parties and the mediator by consent agree to another arrangement for participation by a representative with such authority. Such representative must be a person other than the carrier's outside counsel; and 53 (4) Where any party is a governmental or other public entity, by an employee or agent who is not such party’s outside counsel and who has full authority to settle the claim. Where any settlement with such a governmental or other public entity must subsequently be approved by a governing body, the authorized representative who is present may enter into a settlement agreement containing such a condition.

Any report of mediator shall reflect that such a condition to settlement exists. Upon reaching a settlement agreement at a mediated settlement conference, the parties shall forthwith reduce the agreement to writing and prepare a stipulation of dismissal, consent judgment or other appropriate filing for presentation to the Court. (e) Authority of the Mediator. The mediator is authorized by these rules to exercise control over the mediated settlement conference and to direct all proceedings therein.

The mediator is specifically authorized to meet or consult privately with any party or their counsel before, during or after the conference, and to take such other action as allowed by these Local Rules or pursuant to any applicable North Carolina court rules governing mediators and court-ordered mediations. (f) Duties of the Mediator. At the beginning of the mediated settlement conference, the mediator shall describe the following matters to the parties: (1) The process of mediation, (2) The differences between mediation and other forms of conflict resolution, (3) The costs of the mediated settlement conference, (4) The fact that the mediated settlement conference is not a trial, the mediator is not a judge, and the parties retain their right to trial if they do not reach settlement, (5) The circumstances under which the mediator may meet alone with either of the parties or any other person, (6) The conditions under which communications with the mediator will be held in confidence during the conference, (7) The inadmissibility of negotiating statements and offers at trial, (8) The fact that the Court will not permit parties in other litigations to conduct discovery regarding the mediation in this case, (9) The duties and responsibilities of the mediator and the parties, and (10) The fact that any agreement reached will be reached by mutual consent of the parties. The mediator may recess or suspend the conference at any time and set a schedule for reconvening.

It is the duty of the mediator to determine if an impasse has been reached or mediation should for any reason be terminated. The mediator shall then inform the parties that mediation is terminated. (g) Agreement to Modify Mediation Procedures. By agreement of the parties and with the consent of the mediator, the parties may modify the mediation procedures described in these rules, except that the parties may not alter time limitations set by these rules or by order of the Court.

54 (h) Sanctions for Failure to Appear. If a party or other person is required but fails to attend a mediated settlement conference without good cause, the Court may impose on that person or party any lawful sanction, including, but not limited to, imposition of attorney's fees, mediator's fees, and expenses of persons incurred in attending the conference. (i) Inadmissibility of Negotiations. (1) Evidence of statements made and conduct occurring in a mediated settlement conference or otherwise in communications with a mediator during the mediation process, whether attributable to a party, the mediator, or a neutral observer present at the conference (e.g., mediator candidate, interpreter, person studying dispute resolution), shall not be subject to discovery and shall be inadmissible in any proceeding in the action or other civil actions on the same claim, except: (i) (ii) (iii) (iv) In proceedings for sanctions under these rules; In proceedings to enforce or rescind a settlement of the action; In disciplinary proceedings before the Court, the North Carolina State Bar, or any agency established to enforce standards of conduct for mediators; or In proceedings to enforce laws concerning juvenile or elder abuse.

(2) No evidence otherwise discoverable shall be inadmissible merely because it is presented or discussed in a mediated settlement conference. (3) No mediator or neutral observer present at a mediated settlement conference shall be compelled to testify or produce evidence concerning statements made and conduct occurring in anticipation of, during, or as a follow-up to a mediated settlement conference in any civil proceeding for any purpose, including proceedings to enforce or rescind a settlement of the action, except to attest to the signing of any agreements, and except proceedings for sanctions under these rules, and disciplinary proceedings before this Court, the State Bar, or an agency established to enforce standards of conduct for mediators, and proceedings to enforce laws concerning juvenile or elder abuse. LR 83.9f CONFERENCE COMPLETION OF THE MEDIATED SETTLEMENT When the mediated settlement conference is completed, the mediator shall immediately submit to the clerk a report of the status of the case, on a form supplied by the clerk. If the case is resolved, it is the duty of the parties to file a stipulation of dismissal or consent judgment.

If the case is not resolved, it proceeds without further order of the Court in accordance with the local rules of the Court. 55 LR 83.10a PURPOSE OF DISCIPLINARY RULES The Court, in furtherance of its inherent power and responsibility to supervise attorneys who practice before it, adopts these rules of disciplinary enforcement. LR 83.10b ATTORNEYS CONVICTED OF A CRIME (a) Suspension Upon Filing of Judgment. Upon the filing of a certified copy of a judgment of conviction demonstrating that any attorney practicing before the Court has been convicted in any court of the United States, or the District of Columbia, or of any state, territory, commonwealth or possession of the United States, of a serious crime as herein defined, the Court may enter an order immediately suspending that attorney from practice until final disposition of a disciplinary proceeding before this Court, or until final disposition is made by the appropriate state bar.

(b) Definition of Serious Crime. "Serious crime" shall include any felony and also any other crime which involves false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy of solicitation of another to commit a "serious crime." (c) Conviction of Serious Crime. Upon the filing of a certified copy of a judgment of conviction of an attorney for a serious crime, the Court may refer the matter to counsel for institution of a disciplinary proceeding before the Court, providing that a disciplinary proceeding so instituted will not be brought to final hearing until all appeals from the conviction are concluded. Alternatively, the Court may refer the matter to the appropriate state bar.

(d) Conviction of Other Crime. Upon the filing of a certified copy of a judgment of conviction of an attorney for a crime not constituting a "serious crime," the Court may refer the matter to counsel for whatever action counsel may deem warranted, including the institution of a disciplinary proceeding before the Court. Alternatively, the Court may refer the matter to the appropriate state bar. The Court is not restricted from taking such other disciplinary action as is within the inherent authority of the Court.

(e) Reinstatement after Suspension. An attorney suspended under the provisions of this rule will be reinstated immediately upon the filing of a certificate demonstrating that the conviction of a serious crime has been reversed, but the reinstatement will not terminate any disciplinary proceeding then pending, the disposition of which shall be determined by the Court on the basis of all available evidence pertaining to both guilt and the extent of discipline to be imposed. 56 LR 83.10c DISCIPLINE IMPOSED BY ANOTHER COURT OR BY A STATE BAR (a) Duty to Inform the Clerk. Any attorney practicing before this Court shall, upon being subjected to public discipline by any court or by the state bar of any state, promptly inform the clerk of such action.

(b) Show Cause Order. Upon the filing of a certified copy of a judgment or order demonstrating that an attorney has been disciplined by another court or by a state bar, this Court shall forthwith issue a notice containing a copy of the judgment or order and an order to show cause directing that the attorney inform this Court within 21 days why imposition of the identical discipline by this Court would be unwarranted and the reasons therefor. (c) Imposition of Discipline. Upon expiration of 21 days from service of the show cause order, this Court will presume the misconduct to have been established and will impose the identical discipline unless the attorney demonstrates that upon the face of the record upon which the discipline in another jurisdiction is predicated it clearly appears: (1) (2) (3) (4) that the attorney was deprived of due process; or that there was such an infirmity of proof that this Court could not accept as final the conclusion on that subject; or that the imposition of the same discipline by this Court would result in grave injustice; or that the misconduct established is deemed by this Court to warrant substantially different discipline.

Where this Court determines that any of said elements exist, it shall enter such order as it deems appropriate. The grant of a stay of discipline by the other jurisdiction shall constitute grounds for a similar grant by this Court. LR 83.10d DISBARMENT ON CONSENT OR RESIGNATION IN ANOTHER COURT OR BEFORE A STATE BAR Any attorney practicing before this Court who shall be disbarred on consent or resign from the bar of any court or state while an investigation into allegations of misconduct is pending, shall promptly inform the clerk, and upon the filing with this Court of a certified copy of the judgment or order accepting such disbarment on consent or resignation, shall cease to be permitted to practice before this Court. 57 LR 83.10e STANDARDS FOR PROFESSIONAL CONDUCT (a) Disciplinary Enforcement.

For misconduct defined in these rules, and after notice of an opportunity to be heard, any attorney practicing before this Court may be disbarred, suspended from practice, reprimanded, or subjected to such other disciplinary action as the circumstances may warrant. (b) Standards for Conduct. Acts or omissions by an attorney practicing before this Court which violate the Code of Professional Responsibility adopted by this Court shall constitute misconduct and shall be grounds for discipline, whether or not the act or omission occurred in the course of an attorney-client relationship. The Code of Professional Responsibility adopted by this Court is the Code of Professional Responsibility adopted by the Supreme Court of North Carolina, as amended from time to time by that state court, except as otherwise provided by a specific rule of this Court.

LR 83.10f DISCIPLINARY PROCEEDINGS (a) Referral of Complaints to Counsel or to a State Bar. When allegations of misconduct by an attorney practicing before this Court come to the attention of a Judge of this Court, whether by complaint or otherwise, the Judge may refer the matter to counsel for investigation and the prosecution of a formal disciplinary proceeding or the formulation of such other recommendation as may be appropriate. Alternatively, the Judge may refer the matter to the appropriate state bar. The Court is not restricted from taking such other disciplinary action as is within the inherent authority of the Court.

(b) Recommendation by Counsel. Should counsel conclude after investigation that a formal disciplinary proceeding should not be initiated against the attorney, counsel shall file with the Court a recommendation for disposition of the matter, whether by dismissal, admonition, or deferral and shall set forth the reasons for such recommendation. (c) Initiation of Disciplinary Proceedings. To initiate formal disciplinary proceedings, counsel shall obtain an order of the Court upon a showing of probable cause requiring the attorney to show cause within 21 days after service of the order why the attorney should not be disciplined.

(d) Hearing. Upon the attorney's answer to the order to show cause, if any issue of fact is raised or the attorney wishes to be heard, the Court shall set the matter for prompt hearing. 58 LR 83.10g DISBARMENT ON CONSENT WHILE UNDER DISCIPLINARY INVESTIGATION OR PROSECUTION (a) Consent to Disbarment. Any attorney practicing before this Court who is the subject of an investigation into, or a pending proceeding involving, allegations of misconduct may consent to disbarment by delivering to this Court an affidavit stating that the attorney desires to consent to disbarment and that: (1) (2) (3) (4) the attorney's consent is freely given, the attorney is aware of the pending investigation or proceeding, the attorney acknowledges the material facts of misconduct, and the attorney consents because the attorney knows that he or she could not defend successfully against charges of misconduct.

(b) Order of Disbarment. Upon receipt of the required affidavit, this Court shall enter an order disbarring the attorney. (c) Record. The order disbarring the attorney on consent shall be a matter of public record.

However, the affidavit required under the provisions of this rule shall not be publicly disclosed or made available for use in any other proceeding except upon order of this Court. LR 83.10h REINSTATEMENT (a) Automatic Reinstatement; Reinstatement by Order. An attorney suspended for 3 months or less shall be automatically reinstated at the end of the period of suspension upon filing with the Court an affidavit of compliance with the provisions of the suspension order. An attorney actively suspended for more than three months or disbarred may not resume practice until reinstated by order of this Court.

(b) Time for Petition. An attorney who has been disbarred after hearing or by consent may not petition for reinstatement until the expiration of at least 5 years from the effective date of disbarment. (c) Procedure. Petitions for reinstatement by a disbarred or suspended attorney under this rule shall be filed with the Court.

Upon receipt of the petition, the Chief Judge shall assign the matter for a prompt hearing before a Judge (or Judges) of the Court and may, in the Chief Judge's discretion, refer the petition to counsel for investigation. The Judge assigned to the matter shall schedule a hearing at which petitioner shall have the burden of demonstrating by clear and convincing evidence that the attorney has the moral qualifications, competency, and learning of the law required for admission to practice law before this Court, and that the attorney's resumption of the practice of law will not be detrimental to the integrity and standing of the Bar or the administration of justice or subversive of the public interest. In all proceedings upon a petition for reinstatement, cross-examination of the witnesses of the attorney and the submission of evidence, if any, in opposition to the petition shall be conducted by counsel if the matter has been referred to counsel by the Court. 59 (d) Costs.

The Petitioner shall pay the ordinary fee for admission, together with any other costs assessed by the Court for the reinstatement proceeding. (e) Order of Reinstatement. If the petitioner is found to be unfit to resume the practice of law, the petition shall be dismissed. If the petitioner is found to be fit to resume the practice of law, the judgment shall reinstate the petitioner, provided that the judgment may make reinstatement conditional upon the payment of all or part of the costs of the proceedings, and upon the making of partial or complete restitution to parties harmed by the petitioner whose conduct led to the suspension or disbarment.

Provided further that if the petitioner has been suspended or disbarred for 5 years or more, reinstatement may be conditioned, in the discretion of the Judge, upon the furnishing of proof of competency and learning in the law, which proof may include certification by the bar examiners of North Carolina of the attorney's successful completion of an examination for admission to practice subsequent to the date of suspension or disbarment. (f) Successive Petitions. No petition for reinstatement under this rule shall be filed within 1 year following an adverse judgment upon a petition for reinstatement filed by or on behalf of the same person. LR 83.10i ATTORNEYS SPECIALLY APPEARING Whenever an attorney appears for purposes of a particular proceeding, the attorney shall be deemed thereby to have conferred disciplinary jurisdiction upon this Court for any alleged misconduct of that attorney arising in the course of or in preparation for such proceeding.

LR 83.10j SERVICE OF PAPERS AND OTHER NOTICES Service of an order to show cause instituting a formal disciplinary proceeding shall be made by personal service or by registered or certified mail addressed to the attorney. Service of any other papers or notices required by these rules shall be deemed to have been made if such paper or notice is addressed to the attorney or to the attorney's counsel and is posted by regular mail. LR 83.10k APPOINTMENT OF COUNSEL Whenever counsel is to be appointed by these rules to investigate allegations of misconduct or to prosecute disciplinary proceedings or in conjunction with a reinstatement petition, the Court may appoint as counsel the disciplinary agency of the Supreme Court of North Carolina or any other disciplinary agency having jurisdiction. Alternatively, the Court may appoint as counsel one or more members of the Bar, provided, however, that the respondent-attorney may move to disqualify an attorney so 60 appointed who is or who has been engaged as an adversary of the respondent-attorney in any manner.

Counsel, once appointed, may not resign unless permission to do so is given by the Court. Nothing in this rule limits the Court's authority to refer any matter to the appropriate state bar for investigation, prosecution of disciplinary proceedings, or reinstatement. LR 83.10l DUTIES OF THE CLERK (a) Obtaining Certificate of Conviction. Upon being informed that an attorney practicing before this Court has been convicted of any crime, the clerk shall determine whether the clerk of the Court in which such conviction occurred has forwarded a certificate of such conviction to this Court.

If certificate has not been so forwarded, the clerk shall promptly obtain a certificate and file it with this Court. (b) Obtaining Certificate of Disciplinary Judgment or Order. Upon being informed that an attorney practicing before this Court has been subjected to discipline by another court or a state bar, the clerk shall determine whether a certified copy of the disciplinary judgment or order has been filed with this Court, and, if not, the clerk shall promptly obtain a certified copy of the disciplinary judgment or order and file it with this Court. (c) Clerk to Inform Other Jurisdictions.

Whenever it appears that any attorney convicted of any crime, disbarred, suspended, censured, or disbarred on consent by this Court is admitted to practice law in any other jurisdiction or before any other court, the clerk shall, within 14 days of that conviction, disbarment, suspension, censure, or disbarment on consent, transmit to the disciplinary authority in such other jurisdiction, or for such other court, a certificate of the conviction or a certified copy of the judgment or order of disbarment, suspension, censure, or disbarment on consent, as well as the last known office and residence addresses of the attorney. (d) Clerk to Inform the National Discipline Data Bank. The clerk shall, likewise, promptly notify the National Discipline Data Bank operated by the American Bar Association of any order imposing public discipline upon any attorney practicing before this Court. LR 83.10m JURISDICTION Nothing contained in these rules shall be construed to deny to this Court such powers as are necessary for the Court to maintain control over proceedings conducted before it, such as proceedings for contempt under Title 18 of the United States Code or under Rule 42 of the Federal Rules of Criminal Procedure or other sanctions under the Federal Rules of Civil Procedure or these Local Rules.

61 LR 83.10n PUBLIC DISCIPLINARY RECORD The general order imposing disciplinary action or reinstating an attorney shall be a matter of public record. All other records pertaining to attorney disciplinary action(s), which are not already public records, shall not be publicly disclosed or made available for use in any other proceeding except upon order of this Court.