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JAN j 6 2010 - United States District Court

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j— (i) Referral. Any <strong>District</strong> Judge, Magistrate Judge, or Bankruptcy Judge<br />

shall refer in writing to the Committee the name of any attorney he or she has<br />

observed practicing law in a manner which raises a significant question as to<br />

the adequacy of such attorney's ability to represent clients in a competent<br />

manner. The referral shall be accompanied by a statement of the reasons why<br />

such question is raised.<br />

3-^(2) Initial Screening. Promptly after receipt of such a reference the<br />

Chairman of the Committee shall advise the attorney that it has been made.<br />

Thereafter an Initial Screening Committee shall be selected consisting of three<br />

members of the Committee. The Initial Screening Committee may request that the<br />

attorney meet with it informally to explain the circumstances which gave rise<br />

to the reference and may conduct such preliminary inquiries as it deems<br />

advisable. If after such preliminary inquiry the Initial Screening Committee<br />

determines that further attention is not needed it shall mark the matter<br />

"closed" with notation explaining its determination. Upon closing a matter the<br />

Chairman shall notify the referring judge and the attorney.<br />

3^-(3) Remedial Action. If the Initial Screening Committee deems that the<br />

matter warrants further action, it shall so advise the Chairman who shall then<br />

cause a Review Committee to be selected consisting of three members (other than<br />

those who served on the Initial Screening Committee). The Review Committee may<br />

pursue such inquiries as it deems appropriate and may recommend to the attorney<br />

that the attorney take steps to improve the quality of the attorney's<br />

professional performance and if so the nature of the recommended action<br />

designed to effect such improvement. The attorney shall be advised of any such<br />

recommendation in writing and be given the opportunity to respond thereto, to<br />

seek revision or revocation of the recommendation or to suggest alternatives<br />

thereto. The Review Committee after receiving such response may modify, amend,<br />

revoke or adhere to its original recommendation and shall notify the attorney<br />

of its final recommendation. Any attorney who takes exception to the proposed<br />

Review Committee's final recommendation shall have the right to have it<br />

considered by the full Committee. Any recommendation finally promulgated shall<br />

be entered in the records of the Committee. The Committee may develop an<br />

appropriate remedial program, including, but not limited to, mandatory<br />

participation in continuing legal education programs and participation in group<br />

and individual study programs. The Committee may monitor the attorney's<br />

progress in following the remedial program developed for him or her. If the<br />

attorney's lack of competency relates to drug or alcohol abuse, the Committee<br />

may require the attorney to seek treatment for that condition and require the<br />

attorney to submit periodic reports from the individuals responsible for such<br />

treatment.<br />

lel Referral to the <strong>Court</strong>. If the Committee finds that there is a<br />

substantial likelihood that the attorney's continued practice of law may result<br />

in serious harm to the attorney's clients pending completion of a remedial<br />

program, it may recommend that the <strong>Court</strong> consider limiting or otherwise<br />

imposing appropriate restrictions on the attorney's continued practice in the<br />

<strong>District</strong> <strong>Court</strong>.<br />

0^-(d) Obligation to Cooperate With Committee. It shall be the obligation of<br />

all members of the bar of this <strong>District</strong> to cooperate with the Committee so that<br />

it may effectively assist members of the bar to improve the quality of their<br />

professional performance. Any member of the bar of this <strong>Court</strong>, who is the<br />

163

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