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Rule 5:
Types and Imposition of Discipline

(a) Discipline for Misconduct. Discipline imposed under these rules for practitioner misconduct may consist of disbarment (or revocation of admission to practice in the case of a non-attorney practitioner), suspension from practice before the Court, monetary sanction (including fines), public reprimand, private admonition (in the form of an unpublished (and nonpublic) order), or any other discipline that the Court considers appropriate. The Court may condition the termination of a period of suspension, a reinstatement, or the forbearance of the imposition of any or a greater disciplinary action on the commission or omission of a particular act or acts by the practitioner concerned, including:

(1) Participation in continuing legal education, personal, drug or alcohol counseling, or any other appropriate program; or

(2) the payment of all or part of the costs of the proceedings that led to the imposition of discipline; or

(3) partial or complete restitution to parties harmed by the misconduct that led to the disciplinary action.

(b) Presumption of Disbarment. When the Court orders that discipline be imposed in accordance with Rule 7, such discipline will generally run concurrently with the discipline on which the reciprocal action is based.

(c) Reciprocal Discipline. Disbarment is presumed appropriate for a practitioner convicted of a serious crime who has been afforded the benefit of the procedures set forth in Rule 7.

(d) Reconsideration of Review. If the Court decides to impose discipline, it will first advise the practitioner concerned of that determination in an unpublished (and nonpublic) order. The practitioner may, not later than 21 days after the date of the order, file a motion for reconsideration or a single motion for reconsideration and, if reconsideration is denied, for en banc review. Any such motion must identify, with reasonable specificity, the alleged error(s) requiring reconsideration or review. The unpublished order provided for in this subsection shall specify the rights to reconsideration or review provided in this subsection. Action on the motion shall precede the imposition of any discipline.

(e) Effectuation of Discipline. All discipline ordered by the Court will be accomplished by a panel or en banc order effective on the date prescribed in the order and final as of the date of the order. See also Rule 13(d).

(f) Nondisciplinary Suspension. A temporary nondisciplinary suspension imposed under these rules is not considered to be a disciplinary action.

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