Rule 33 - Sanctions and discipline for performance deficiency(a)Sanctions. -Upon failure of a party or counsel to comply with any rule or order, the Court may enter an appropriate sanction against the offending party or counsel, or both, after notice and opportunity to be heard. Such sanction may include the award of reasonable attorneys' fees and the determination of an appeal against the offending party. Disciplinary action, including imposition of a fine, may be taken against any offending counsel. The term "counsel" shall be deemed to include counsel admitted pro hac vice.(b)Performance deficiency defined. -The Court may also take disciplinary action against an attorney admitted to practice before it and those admitted pro hac vice for unprofessional conduct constituting performance deficiency, as hereafter defined, for which referral to the Board on Professional Responsibility may or may not also be warranted. Performance deficiency shall be generally understood to mean unacceptable performance by an attorney which is not attributed to incompetency and which appears to be the result of inattention, neglect, lack of diligence or other conduct not becoming an officer of the Court.
Discipline for performance deficiency may be imposed for:
(i) Persistent failure to abide by or comply with the rules, orders or other directives of the Court or its staff; (ii) submission of briefs, oral argument or other communications to the Court or its staff that are either lacking in candor or grossly below customary professional standards.(c)Disciplinary action for performance deficiency. -Disciplinary action for performance deficiency may include one or more of the following sanctions against the offending attorney:(i)Costs. -Imposition of costs, expenses and reasonable attorneys' fees;(ii)Fine. -A fine in such amount as the Court determines;(iii)Disqualification. -Disqualification from submitting papers and appearing before the Court for a period of up to 90 days;(iv)Reprimand. -A private or public reprimand; or(v)Other sanction. -Such other sanction as the Court deems appropriate including but not limited to referring the matter to the Office of Disciplinary Counsel. In the event the Court shall conclude that performance deficiency discipline may be appropriate, the Clerk shall forward to the lawyerrespondent a notice directing the lawyer-respondent to show cause why the lawyer-respondent should not be subjected to performance deficiency discipline. The notice shall state with precision the particular performance relied upon and may include as an attachment a recitation of the infractions of the rule, order or other directive, the brief or briefs or other communications in question and/or a transcript of the oral argument in question. The notice shall direct the lawyer-respondent to respond within 10 days after receipt of the notice and to indicate in such response whether a hearing is requested. The lawyer-respondent's response shall attach a current and complete record of all the lawyer-respondent's prior disciplinary matters in Delaware or any other jurisdiction. The Court, upon the expiration of the time for a response, shall take such action as it deems appropriate; provided, however, that no action shall be taken without a hearing if one is requested in a response.
Amended effective 10/11/2010.