[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Rules and Regulations]
[Page 53277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25436]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[FCC 95-390]


Attorney Misconduct

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission is amending its rules to incorporated into its 
regulations the procedures concerning attorney misconduct. The reason 
is to codify formally the procedures announced in Opal Chadwell. The 
intended effect is to ensure that attorneys who practice before the 
Commission are familiar with our rules on attorney misconduct.

EFFECTIVE DATE: October 13, 1995.

FOR FURTHER INFORMATION CONTACT:
Laurence Schecker, Office of General Counsel, (202) 418-1720.

SUPPLEMENTARY INFORMATION: A summary of the Order adopted September 11, 
1995 and released September 18, 1995, is set forth below. The full text 
of this document is available for inspection and copying during normal 
business hours in the Administrative Law Division, Office of General 
Counsel (Room 616), 1919 M Street, NW., Washington, DC. The full text 
may also be purchased from the Commission's copy contractor, 
International Transcription Services, Inc. (ITS), 2100 M Street, NW., 
Suite 140, Washington, DC 20037.

Summary of Order

    This order amends Section 1.24 of the Commission's rules to follow 
the procedures set out in Opal Chadwell concerning attorney misconduct. 
In that decision the Commission stressed that it ``considers misconduct 
by attorneys who practice before it as a matter of serious concern.'' 
Whenever the allegation of attorney misconduct is raised in the course 
of a Commission proceeding, the matter is to be referred under seal to 
the Office of General Counsel (OGC). The OGC will determine if the 
allegations are substantial, and, if so, will direct the affected 
attorney to respond. OGC will then determine whether further measures 
are necessary, including (a) recommending institution of a Section 1.24 
proceeding, (b) reference to the appropriate State bar, (c) 
consultation with the Department of Justice.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.


Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Change

    Part 1 of Chapter I of Title 47 of the Code of Federal Regulations 
is amended as follows:

PART 1--PRACTICE AND PROCEDURE

    1. The authority citation for Part 1 continues to read as follows:


    Authority: 47 U.S.C. 151, 154, 303, and 309(j) unless otherwise 
noted.


    2. Section 1.24 is amended by adding a new paragraph (d) to read as 
follows:


Sec. 1.24  Censure, suspension, or disbarment of attorneys.

* * * * *
    (d) Allegations of attorney misconduct in Commission proceedings 
shall be referred under seal to the Office of General Counsel. Pending 
action by the General Counsel, the decision maker may proceed with the 
merits of the matter but in its decision may make findings concerning 
the attorney's conduct only if necessary to resolve questions 
concerning an applicant and may not reach any conclusions regarding the 
ethical ramifications of the attorney's conduct. The General Counsel 
will determine if the allegations are substantial, and, if so, shall 
immediately notify the attorney and direct him or her to respond to the 
allegations. No notice will be provided to other parties to the 
proceeding. The General Counsel will then determine what further 
measures are necessary to protect the integrity of the Commission's 
administrative process, including but not limited to one or more of the 
following:
    (1) Recommending to the Commission the institution of a proceeding 
under paragraph (a) of this section;
    (2) Referring the matter to the appropriate State, territorial, or 
District of Columbia bar; or
    (3) Consulting with the Department of Justice.

[FR Doc. 95-25436 Filed 10-12-95; 8:45 am]
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