Loc. R. Civ. P. 83.3 — Discipline of Attorneys
A published court requirement that applies in New York. Category: Local Rules. Effective January 15, 2026. Verified against the official source (W.D.N.Y. — Rules: Individual, Local & Federal (U.S. District Court, Western District of New York)) on November 3, 2026.
Summary
Loc. R. Civ. P. 83.3 — Discipline of Attorneys: the court's own rule, verbatim from the Local Rules of Civil Procedure, United States District Court for the Western District of New York, effective January 15, 2026 (official PDF, sha-custodied). Court-level requirement: applies in every civil case before the U.S. District Court for the Western District of New York, alongside the Federal Rules of Civil Procedure (the rules are numbered to conform to them) and any judge-specific procedures.
Requirement
(a) Attorneys practicing in this Court shall faithfully adhere to the New York Rules of Professional Conduct. In interpreting the New York Rules of Professional Conduct, absent binding authority from the United States Supreme Court or the United States Court of Appeals for the Second Circuit or significant federal interests, this Court, in the interests of comity and predictability, will give due regard to decisions of the New York Court of Appeals and other New York State courts. (b) All grievances and complaints about attorneys admitted to practice in this District shall be made to the Chief Judge of the District. (1) In addition to any other sanctions imposed under these Local Rules, any person admitted to practice in this Court may be disbarred or otherwise disciplined, for cause, after a hearing. The Chief Judge of the District may appoint a Magistrate Judge or attorney(s) to investigate, advise, or assist as to grievances or complaints from any source and as to applications by attorneys for relief from discipline. Other than provided by subparagraph (c) of this Rule, no censure, suspension, or disbarment shall be applied without notice and an opportunity to be heard and the approval of a majority of the District Judges of the Court in both active and senior service, except that any Judge of this Court may, for cause, revoke an admission pro hac vice that he or she previously granted. Complaints or grievances, and any related documents, shall be treated as confidential. Discipline shall be imposed only upon suitable 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. (2) A duly constituted disciplinary authority of an Appellate Division of the Supreme Court of the State of New York may request expedited disclosure of records or documents that are confidential for use in an investigation or proceeding pending before the disciplinary authority. The request shall be made in writing and submitted to the Chief Judge of the District. 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 or may refer the request for a response by a majority of the District Judges of the Court in both active and senior service. 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. (c) (1) Any Member of the bar of this Court who is convicted of a felony, as defined in subsection (c)(3), must submit the record of conviction to the Clerk of Court within thirty (30) days thereafter. When the Court is informed of the conviction, by the Member or otherwise, the Chief Judge will issue an order suspending that attorney from practice before this Court. The order shall be sent to the last known business address of the attorney by certified mail. An application to set aside the order of suspension must be filed with the Clerk of Court within thirty (30) days from issuance of the order. The Court, in its discretion, may consider the application on the papers submitted, schedule oral argument, or hold an evidentiary hearing. Upon good cause shown, a majority of the active and senior District Judges may set aside the suspension when it is in the interest of justice to do so. (2) When the Court is informed that a judgment of conviction for a felony, as defined in subsection (c)(3), is final, the Chief Judge will order that the attorney’s name be struck from the roll of Members of the bar of this Court. “Final” for purposes of this subsection means either that the time within which to appeal has lapsed or that the judgment of conviction for a felony has been affirmed on direct appeal. The order of disbarment shall be sent to the last known business address of the attorney by certified mail. An application to set aside the order of disbarment must be filed with the Clerk of Court within thirty (30) days from issuance of the order. The Court, in its discretion, may consider the application on the papers submitted, schedule oral argument, or hold an evidentiary hearing. Upon good cause shown, a majority of the active and senior District Judges may set aside the disbarment when it is in the interest of justice to do so. (3) For purposes of this subsection, the term felony shall mean any criminal offense classified as a felony under federal law; any criminal offense classified as a felony under New York law; or any criminal offense committed in any other state, commonwealth, or territory of the United States and classified as a felony therein which, if committed within New York State, would constitute a felony in New York State. (d) Any Member of the bar of this Court who has been suspended, disbarred, or disciplined in any way by any district or circuit court or the court of any state, commonwealth, or territory, or who has resigned from the bar of any such court while an investigation into allegations of misconduct by the attorney was pending, must notify the Clerk of Court of such action, in writing, within thirty (30) days thereafter, and must submit with the notification a copy of any order issued in the other jurisdiction. Only upon receipt of a copy of an order imposing discipline, the Chief Judge will issue an order disciplining the attorney to the same extent as imposed in the other jurisdiction. The order shall be sent to the last known business address of the attorney by certified mail. An application to set aside the order, along with the record of the underlying disciplinary proceeding, must be filed with the Clerk of Court within thirty (30) days from issuance of the order. A majority of the active and senior District Judges may set aside the order when an examination of the record resulting in that discipline discloses, by clear and convincing evidence, that: (1) the procedure in the other jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; (2) 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; or (3) this Court’s imposition of the same discipline would result in grave injustice. (e) A disbarred or suspended attorney who seeks reinstatement to practice before this Court must file a motion with the Clerk’s Office returnable before the Chief Judge. The motion shall attach all orders from any court regarding disbarment or suspension of the attorney and any order reinstating the attorney to the practice of law. (f) Within 10 days of the date of entry of an order of suspension or disbarment, the affected attorney shall notify, by certified mail and, where practical, electronic mail, each client of the attorney, counsel for each party in any pending matter, and the judge in any pending matter. The notice shall state that the attorney is unable to act as counsel due to disbarment or suspension. A notice to an attorney’s client shall advise the client to obtain new counsel. A notice to counsel for a party in a pending action or to the Judge shall include the name and address of the attorney’s client. Within 45 days after the date of service of the order of disbarment or suspension, the attorney shall file with the Clerk of Court an affidavit showing a current mailing address for the attorney and that the attorney has complied with the order and these Rules.
Source of truth
(a) Attorneys practicing in this Court shall faithfully adhere to the New York Rules of Professional Conduct. In interpreting the New York Rules of Professional Conduct, absent binding authority from the United States Supreme Court or the United States Court of Appeals for the
- Official source
- W.D.N.Y. — Rules: Individual, Local & Federal (U.S. District Court, Western District of New York)
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 15, 2026
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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