Local Rule 2090-1: ATTORNEYS – ADMISSION TO PRACTICE
Bankr. D. Vt. — Attorney rule
RULE 2090-1. ATTORNEYS – ADMISSION TO PRACTICE.
(a) Admission of Attorneys Generally. The District Court Local Rules govern admission of attorneys to the bar of the District of Vermont, including the Bankruptcy Court. Attorneys may apply for admission through the Bankruptcy or District Court. Once admitted to the bar of the District of Vermont, an attorney is admitted to practice for all purposes in both the Bankruptcy and District Courts. See General Order # 82. Additionally, attorneys must register for CM/ECF as a pre-requisite to filing documents in this Court unless the Court grants an attorney's motion to waive the registration requirement. See Local Rule 5005-3; see generally Local Rule 9011-1. Any notice of appearance filed by an attorney who is not registered for CM/ECF must include a statement of consent to service by e-mail and include the filer's e-mail address.
(b) Admission of Attorneys Pro Hac Vice.
(1) Application for Admission. Any attorney who is a member in good standing of the bar of any federal court or of the highest court of any state may apply for pro hac vice admission to this Court by fulfilling the following requirements:
(A) Motion. Only a member in good standing of the bar of the District of Vermont who is professionally associated with the applicant in the subject case or proceeding may move for the applicant's pro hac vice admission. The movant need only serve the United States Trustee and the debtor or plaintiff's attorney (if any).
(B) Supporting Affidavit. The applicant must attach to the motion an affidavit containing the following information:
(i) the applicant's office mailing address, e-mail address, and telephone number;
(ii) a list of the courts to which the applicant has been admitted to practice, the dates of admission, and the applicant's bar identification number(s);
(iii) a statement specifying whether the applicant is in good standing and eligible to practice in those courts;
(iv) a statement specifying whether the applicant is currently suspended or disbarred in any jurisdiction;
(v) a statement describing the nature and status of any past or pending disciplinary matters involving the applicant;
(vi) an affirmation that the applicant has read the District Court Local Rules and these Rules;
(vii) a statement designating the movant as the applicant's agent for service of process and this Court as the forum for the resolution of any dispute arising from the applicant's pro hac vice admission; and
(viii) a statement that the applicant understands their obligation to file a notice with the Clerk if any fact underlying the foregoing statements changes during the pendency of the case (e.g., if the applicant is suspended or disbarred in any jurisdiction), within 14 days of such changes in circumstances.
(C) Fee. The current rate established for the pro hac vice admission fee must be paid to "U.S. Bankruptcy Court" and must accompany the motion. The fee is non-refundable. The Clerk shall waive the admission fee for admission of federal government counsel.
(2) Revocation. The Court may revoke pro hac vice admission for good cause at any time, including for an attorney's failure to disclose a material change to the affirmations made in support of the attorney's application for pro hac vice admission.
(3) Local Counsel. Unless excused by the Court for good cause, an attorney admitted pro hac vice must remain at all times associated in the action with a member of the bar of this Court ("local counsel") upon whom all process, notices, and other papers must be served, who must sign all filings, and whose attendance is required at all hearings. An attorney may be local counsel without having an office or residence in Vermont.
(4) Filing Documents Prior to Entry of Order Granting Pro Hac Vice Admission. An attorney who is not admitted in this Court may file documents once the pro hac vice application is filed, but the time period for the opposing party to file the responsive pleading does not commence until local counsel files a notice of appearance.
(5) State Government Counsel. Any state government attorney who desires to appear in a case or proceeding pending before this Court may apply for admission under this Rule.
(6) When Pro Hac Vice Admission Not Required. An attorney need not be admitted pro hac vice to file (A) a motion for relief from stay under § 362, (B) a proof of claim, or (C) a motion to redact a proof of claim. Unless waived by the Court, pro hac vice admission is required if litigation is necessary to adjudicate any of these matters.
(c) Legal Interns.
(1) Eligibility to Appear. A person who is not yet licensed to practice law in Vermont, but who meets the eligibility requirements for legal interns described in Rules 21 and 22 of the Rules of Admission to the Bar of the Vermont Supreme Court, may appear as legal counsel in this Court if:
(A) the legal intern is supervised by an attorney who meets the initial requirements set forth in subparagraph (c)(2)(A) below;
(B) the supervising attorney files an application on behalf of the legal intern that comports with the requirements set forth in Rule 23(a) of the Rules of Admission to the Bar of the Vermont Supreme Court; and
(C) the Court grants the application.
(2) Supervising Attorney.
(A) Initial Requirements. The supervising attorney must:
(i) satisfy the qualification requirement described in Rule 24(b) of the Rules of Admission to the Bar of the Vermont Supreme Court;
(ii) be a member in good standing of the bar of the District of Vermont; and
(iii) be professionally associated with the legal intern.
(B) Ongoing Obligations. The supervising attorney must:
(i) perform the duties of supervision described in Rule 24(c) of the Rules of Admission to the Bar of the Vermont Supreme Court; and
(ii) promptly notify this Court in writing if the legal intern's eligibility to appear as legal counsel has terminated under subparagraph (c)(3)(C) below or becomes aware that the legal intern is otherwise ineligible under the Rules of Admission to the Bar of the Vermont Supreme Court.
(3) Limitations. A legal intern may not:
(A) perform activities except as authorized in Rule 24(d)–(e) of the Rules of Admission to the Bar of the Vermont Supreme Court;
(B) be compensated except as permitted by Rule 24(f) of the Rules of Admission to the Bar of the Vermont Supreme Court; or
(C) appear as a legal intern for longer than one year after the Court grants their application, unless the Court grants an extension.