N.D.N.Y. L.R. 83.3 — Discipline of Attorneys (formerly L.R. 83.4) (amended January 1, 2025)
A published court requirement that applies in New York. Category: Local Rules. Effective January 1, 2026. Verified against the official source (N.D.N.Y. — Local Rules (U.S. District Court, Northern District of New York)) on November 3, 2026.
Summary
N.D.N.Y. L.R. 83.3 — Discipline of Attorneys (formerly L.R. 83.4) (amended January 1, 2025): the court's own rule, verbatim from the Local Rules of Practice, United States District Court for the Northern District of New York, effective January 1, 2026 (official PDF, sha-custodied). Court-level requirement: applies in every case before the U.S. District Court for the Northern District of New York as its section states (Section IX, District Court And Clerks), alongside the federal rules and any judge-specific procedures.
Requirement
(a) The Chief Judge shall have charge of all matters relating to discipline of members of the bar of the Northern District of New York. (b) Grounds for Discipline or Sanction: Any member of the bar of the Northern District of New York may be censured, suspended, disbarred or otherwise disciplined for cause shown pursuant to subsections (1) through (7) of this section, after judicial review of the papers submitted, oral argument, and/or an evidentiary hearing in the Court’s discretion. The Chief Judge may appoint one or more judges to investigate, review, hear and report findings and a recommendation as to any disciplinary matter, including any grievances or complaints lodged from any source and any notice or application made by an attorney relating to discipline. Complaints or grievances, and any related documents, shall be treated as confidential. Discipline shall be imposed only upon order of the Court, and the Court, in its discretion, shall determine whether the order will be made available to the public, or published, or circulated. (1) Felony Conviction: Any member of the bar of the Northern District of New York who is convicted of a felony in the court of any federal district, state, county, commonwealth, territory, possession, recognized tribe, or any legal subdivision thereof, shall be suspended from practice before this Court, upon the Court’s receipt of a copy of the judgment of conviction, and unless an order to vacate the order of suspension has been granted, shall cease to be a member of the bar of the Northern District of New York The attorney who is convicted of a felony is required to submit a copy of the judgment of conviction to the Clerk of Court within fourteen (14) days from the date the judgment is issued. In all proceedings, a judgment of conviction shall constitute clear and convincing evidence of the attorney's guilt of the conduct for which the attorney was convicted. After the Court receives notice of the felony conviction, by the member or otherwise, the Chief Judge will issue an order suspending that attorney from practice before this Court. The suspension order shall be mailed to the last known business address of the attorney by certified mail with notice that he/she has been suspended in accord with L.R. 83.3. The attorney may file an application to vacate the suspension order within twenty (20) days from the date of the order pursuant to subsection (g) below. If no application to vacate the suspension order is made within twenty (20) days from the date of the order, the Chief Judge will issue an order of disbarment and direct that the attorney’s name be struck from the roll of members of the bar of the Northern District of New York. A copy of the disbarment order shall be mailed to the last known business address of the attorney by certified mail. Any future request by the attorney to be admitted to this Court will require the attorney to file an application for reinstatement pursuant to subsection (h) below. In the event the judgment of conviction is vacated on appeal, the attorney may seek reinstatement of admission to this Court pursuant to subsection (h) below. (2) Misdemeanor Conviction: The Court may disbar, suspend or censure any member of the bar of the Northern District of New York who is convicted of a misdemeanor in the court of any federal district, state, county, commonwealth, territory, possession, recognized tribe, or any legal subdivision thereof. The attorney who is convicted of a misdemeanor must submit a copy of the judgment of conviction within fourteen (14) days from the date the judgment is issued. Failure to provide such notice may result in removal from the roll of the Court. In all proceedings, a judgment of conviction shall constitute clear and convincing evidence of the attorney’s guilt of the conduct for which the attorney was convicted. After the Court receives notice of the misdemeanor conviction, by the member or otherwise, the Chief Judge may determine that more information is necessary and direct the attorney to provide additional information and/or explanation. The Chief Judge may, for good cause, provisionally suspend the attorney from practice before this Court pending further investigation or proceedings. The Chief Judge may present the misdemeanor conviction to the District Judges for a determination by majority vote as to whether any disciplinary action should be taken. District Judges vote to take disciplinary action, the Chief Judge will issue an order permitting the attorney to show cause within thirty (30) days of the date of the order why the recommended disciplinary action should not be imposed, and a copy of the order shall be mailed to the last known business address of the attorney by certified mail. Upon receiving the attorney's response to the order to show cause, the Chief Judge may consider the application on the papers submitted, schedule oral argument, or hold an evidentiary hearing before a court of one or more judges to hear and to report findings and a recommendation on the matter. After a hearing and report, or if the attorney makes no timely answer or the answer raises no issue requiring a hearing, the Court shall issue an order in accordance with the majority vote of the District Judges. A copy of the disciplinary order shall be mailed to the attorney via certified mail. In the event the judgment of conviction is vacated on appeal, the attorney may seek reinstatement of admission to this Court pursuant to subsection (h) below. (3) Disbarment/Suspension/Disciplinary Action by Another Court: Any member of the bar of the Northern District of New York who has been disbarred, suspended, and/or disciplined by a court or attorney disciplinary authority in any federal jurisdiction, state, commonwealth, territory, possession, recognized tribe, or any legal subdivision thereof, shall be disbarred, suspended, and/or disciplined on comparable terms and conditions by this Court unless an examination of the record resulting in the disbarment, suspension, or discipline discloses one or more of the following: (A) that the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; (B) that there was such an infirmity of proof establishing the misconduct as to give rise to the clear conviction that this Court should not accept as final the conclusion on that subject; (C) that this Court’s imposition of the same discipline would result in grave injustice; or (D) that this Court has held, or these Rules provide, that the misconduct warrants substantially different discipline. The attorney shall deliver a copy of any such order of disbarment, suspension, or discipline to the Clerk of this Court within fourteen (14) days after the entry of the order. Failure to provide such notice may result in removal from the roll of the Court. After receiving notice of such an order, the Chief Judge will issue an order disbarring, suspending and/or disciplining the attorney on comparable terms and conditions as those imposed in the other jurisdiction. The Chief Judge’s order shall be mailed to the last known business address of the attorney by certified mail. Within twenty (20) days of service on the attorney of the Chief Judge’s order of discipline, the attorney may file an application to vacate the disciplinary order pursuant to (g) below. (4) Resignation While Misconduct Investigation Is Pending: Any member of the bar of the Northern District of New York who has resigned from the bar of any federal court, state, territory, commonwealth, possession, recognized tribe, or any legal subdivision thereof, while an investigation into allegations of professional misconduct is pending shall be deemed to have resigned from the bar of the Northern District of New York. The attorney shall provide notice of such resignation to the Clerk of this Court within fourteen (14) days after the submission of the resignation. Failure to provide such notice may result in removal from the bar of the Northern District of New York. After the Court receives notice of a copy of an order accepting resignation, the name of the attorney resigning shall, by order of the Court, be struck from the roll of members of the bar of the Northern District of New York. The disbarment order shall be mailed to the last known business address of the attorney by certified mail. The attorney may file an application to vacate the disbarment order within twenty (20) days from the date of the order pursuant to subsection (g) below. (5) Allegations of Professional Malfeasance of Members of the Bar of the NDNY (A) Upon notice to the court, from any source, that a member of the bar of the Northern District of New York allegedly engaged in professional malfeasance, misconduct, or any other cause for discipline, the matter shall be directed to the Chief Judge for review and determination as to whether the conduct warrants further investigation. Complaints alleging professional malfeasance or misconduct on the part of a member of the bar of the Northern District of New York shall be addressed to the Chief Judge, in writing. If the allegation of malfeasance or misconduct is being addressed, or has been addressed in another jurisdiction where the misconduct occurred, the Chief Judge may decline consideration of the matter pending resolution of proceedings in the other jurisdiction, or defer to the resolution of the other jurisdiction. If the Chief Judge deems the conduct alleged in the complaint not sanctionable, the Chief Judge will dismiss the complaint and notify any complainant in writing of the dismissal with a copy to the attorney. If the Chief Judge deems the conduct alleged in the complaint sanctionable, the Chief Judge may appoint one or more judges to investigate, review, hear and report findings and recommendation as to any disciplinary action to be taken. The Chief Judge may, for good cause, provisionally suspend the attorney from practice before this Court pending further investigation or proceedings. (B) If the appointed judge(s) determine(s) after investigation that the evidence fails to establish probable cause to believe that any violation of the Rules of Professional Conduct has occurred, the judge(s) shall submit a report of such findings and conclusions to the Chief Judge for the consideration of the District Judges. (C) If the judge(s) determine(s) after investigation that the evidence establishes probable cause to believe that one or more violations of the Rules of Professional Conduct has occurred, the judge(s) shall prepare a statement of charges alleging the grounds for discipline. The Clerk shall cause the Statement of Charges to be served upon the attorney concerned (“responding attorney”) by certified mail, return receipt requested, directed to the address of the attorney as shown on the rolls of this Court and, if different, to the last known address of the attorney as shown in any other source together with a direction from the Clerk that the responding attorney shall show cause in writing within thirty (30) days why discipline should not be imposed. (D) If the responding attorney fails to respond to the statement of charges, the charges shall be deemed admitted. If the responding attorney denies any charge, the assigned judge(s) shall determine whether an evidentiary hearing is necessary. If no hearing is necessary, a finding and recommendation will be made to the Chief Judge on the papers submitted. If it is determined a hearing is necessary, an evidentiary hearing will be scheduled promptly. The assigned judge(s) may grant such pre-hearing discovery as deemed necessary, hear witness testimony as warranted, and may consider such other evidence included in the record of the hearing that the assigned judge(s) deems relevant and material. A disciplinary charge may not be found proven unless supported by clear and convincing evidence. The assigned judge(s) shall report the findings and recommendations in writing to the Chief Judge and shall serve them upon the responding attorney. The responding attorney may file objections to the assigned judge(s)’s report and recommendations within fourteen (14) days of the date thereof. (E) An attorney may not be found guilty of a disciplinary charge except upon a majority vote of the District Judges that such charge has been proven by clear and convincing evidence. Any discipline imposed shall also be determined by a majority vote of the District Judges, except that in the event of a tie vote, the Chief Judge shall cast a tie-breaking vote. If a District Judge submitted the complaint under subsection (b)(5)(A) above giving rise to the disciplinary proceeding, that judge shall be recused from participating in the decisions regarding guilt and discipline. The Chief Judge shall issue an order consistent with the majority vote. A copy of the order shall be served upon the attorney by certified mail. (F) Unless the Court orders otherwise, all documents, records, and proceedings concerning a disciplinary matter shall be filed and conducted confidentially except that, without further order of the Court, the Clerk may notify other licensing jurisdictions of the imposition of any sanctions. (G) A duly constituted attorney disciplinary authority of a New York State Court may request expedited disclosure of records or documents that are confidential for use in an investigation or proceeding pending before that disciplinary authority. The request shall be made in writing and submitted to the Chief Judge. The request should, to the extent practicable, identify the nature of the pending investigation or proceeding and the specific records or documents sought. The request may also seek deferral of notice of the request for so long as the matter is in the investigative stage before the disciplinary authority. Upon receipt of the request, the Chief Judge may take any appropriate action and may refer the request to one or more judges to investigate. Confidential records and documents disclosed to the disciplinary authority in response to the request shall not be used for any purpose other than the investigation or proceeding pending before the disciplinary authority. (6) Attorneys Found to Have Infirmity: Should it appear to the Court that an attorney who is a member of the bar of the Northern District of New York may have an infirmity that prevents the attorney from practicing law before the Court, the Court may take or direct such action as it deems necessary or proper to determine whether the attorney has such an infirmity. Should it take or direct such action, the Court shall provide to the attorney notice and an opportunity to be heard and may appoint counsel to represent the attorney if he or she is without representation. If the Court finds by clear and convincing evidence that the attorney has such an infirmity, it shall enter an order suspending the attorney for an indefinite period and until further order of the Court. A copy of such order shall be served upon the attorney or his or her guardian. Upon evidence that the attorney no longer suffers from an infirmity that prevents the attorney from practicing law before the Court, the attorney may seek reinstatement of admission to the bar of the Northern District of New York pursuant to subsection (h) below. (7) Attorney Admitted Pro Hac Vice: An attorney permitted to argue or try a particular case via pro hac vice admission in accordance with L.R. 83.1 may have his pro hac admission revoked by the Judge who appointed him upon a finding that the attorney has committed professional malfeasance or misconduct in this Court. Upon such revocation, the attorney will then be precluded from again appearing in this Court via pro hac vice admission; but must apply for and be granted admission under L.R. 83.1 in order to appear before this Court. (c) In all matters of attorney discipline, the Court shall enforce the New York Rules of Professional Conduct. In construing those Rules, the Court, as a matter of comity, will follow decisions of the New York State Court of Appeals and other New York state courts, absent an over-arching federal interest, and as interpreted and applied by the United States Court of Appeals for the Second Circuit. (d) Nothing in this Rule shall limit the Court's power to punish contempts or to sanction counsel in accordance with the Federal Rules of Civil or Criminal Procedure or the Court's inherent authority to enforce its rules and orders. (e) If an attorney fails to respond, comply or cooperate with any request for information from the Court, or any disciplinary investigation or proceeding conducted under these Rules, the Court may treat such behavior as a waiver of procedural rights, and impose discipline or take any other action as justice and this Rule may allow, including suspension or removal of the attorney from the bar of the Northern District of New York. (f) In the instance that an attorney is suspended or disbarred from practicing in this Court, the presiding judge shall issue an order in each of the attorney’s open cases in this Court directing the litigant represented by the attorney of the need to retain a new attorney within thirty (30) days from the date of the order. (g) Application to Vacate Disciplinary Order: An attorney who is the subject of an order of suspension, disbarment, or other disciplinary action may file an application with the Clerk of Court to vacate any such order within twenty (20) days from the date of issuance of the order, except for an order issued pursuant to section (b)(5) above. The application shall be filed in a miscellaneous action assigned to the Chief Judge. The application shall set forth with specificity the facts and principles relied upon by the attorney as showing cause why a different disposition should be ordered by this Court. The Court, in its discretion, may consider the application on the papers submitted, schedule oral argument, or hold an evidentiary hearing. The Chief Judge may appoint one or more judges to investigate, review, hear and report findings and recommendation as to whether the disciplinary order should be vacated. If the Chief Judge determines, on good cause, that an evidentiary hearing is not required, the Chief Judge may proceed to impose discipline or take such other action as justice and this rule may require upon the majority vote of the District Judges. Upon good cause shown, a majority vote of the District Judges may vacate the disciplinary order when it is in the interest of justice to do so. A copy of the order on the application to vacate a disciplinary order shall be served upon the attorney by certified mail. (h) Application for Reinstatement: Any attorney who has been suspended or precluded from appearing in this Court or whose name has been struck from the roll of the members of the bar of the Northern District of New York may apply in writing to the Chief Judge, for good cause shown, for the lifting of the suspension, preclusion or disbarment no earlier than one (1) year from the date of the challenged sanction. The application shall be filed in a miscellaneous action assigned to the Chief Judge. The attorney has the burden of demonstrating by clear and convincing evidence that he/she has the character, candor, competency and learning in the law required for admission to practice law before this Court and that his/her resumption of the practice of law will not be detrimental to the integrity and standing of the bar or to the administration of justice, or injurious to the public interest. The application shall attach all orders from any court regarding disbarment, suspension or other disciplinary action of the attorney and any order reinstating the attorney to the practice of law. In addition, the application may attach any papers, including (but not limited to) a memorandum of law, declarations, and exhibits. The Chief Judge may appoint one or more judges to review the application and make findings and recommendations or may act upon the application without making such a referral. In his or her discretion, the Chief Judge or a designated judge may conduct a hearing, at which the attorney may adduce oral argument and/or testimony (or rely on his or her declarations). After the application is complete and has been reviewed, the Chief Judge shall forward to the District Judges (for consideration and vote at the next meeting of the Board of Judges) the following: (1) the attorney’s application and supporting documents; (2) any findings and recommendations of any judges appointed to review the application; (3) the transcript of any hearing; and (4) the Chief Judge’s findings and recommendations. Absent extraordinary circumstances, no such application will be granted unless the attorney seeking reinstatement meets the requirements for admission set forth in Local Civil Rule 83.1. Upon good cause shown, a majority vote of the District Judges may vacate the disciplinary order and reinstate the attorney when it is in the interest of justice to do so. A copy of the order on the application for reinstatement shall be served upon the attorney by certified mail.
Source of truth
(a) The Chief Judge shall have charge of all matters relating to discipline of members of the bar of the Northern District of New York. (b) Grounds for Discipline or Sanction: Any member of the bar of the Northern District of New York may be censured, suspended, disbarred or oth
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 1, 2026
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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