Local Rule Rule 2090-1: Attorneys – Admission to Practice

Rule 2090‐1 Attorneys – Admission to Practice

(a) Roll of Attorneys The bar of the Bankruptcy Court for the Northern District of Iowa shall consist of those attorneys who are admitted to practice and who remain in good standing before the United States District Court for the Northern District of Iowa.

(b) Appearances

(1) Who May Appear Generally Except when a pro hac vice appearance is permitted by the Court or when a Department of Justice attorney appears for the United States, only a member of the bar of the Bankruptcy Court for the Northern District of Iowa may appear as an attorney in the Bankruptcy Court for the Northern District of Iowa.

(2) Form of Appearance An attorney making an appearance shall, either by filing an appearance or by signature on the petition or complaint, cause the Clerk's record to clearly reflect the office address, direct telephone number of attorney or legal assistant, e-mail address, and identification number of the attorney and the name of the party for whom appearance is made.

(3) Pro Hac Vice Admission An attorney who is not a member of the bar of the Bankruptcy Court for the Northern District of Iowa may be permitted to appear and participate in a pending case and/or associated proceeding by application. A separate application is required for every new bankruptcy case. The application shall provide:

(A) the attorney's office address, e-mail address, telephone number, and attorney identification number;

(B) the courts to which the applicant has been admitted to practice and the dates of admission;

(C) that the applicant is in good standing and eligible to practice in said courts; the application shall be accompanied by a letter or certification from the attorney's bar association, dated within one year, confirming the attorney's good standing within the association. If not filed with the application, the letter or certificate shall be filed within 21 days of the filing of the application;

(D) whether the applicant is currently suspended or disbarred in any court;

(E) if the applicant has concurrently or within the year preceding the current application made any pro hac vice application to this Court, the title and number of each action wherein such application was made, the date of the application, and whether the application was granted, and

(F) acknowledgment that if the pro hac vice application is granted, the attorney is subject to the jurisdiction of the Court with respect to the attorney's conduct to the same extent as a member of this Court's bar is subject to the Iowa Rules of Professional Conduct.

Once the application is granted, the Pro Hac Vice attorney is required to request filing privileges with the Northern District of Iowa Bankruptcy Court via PACER. Further, the Pro Hac Vice attorney shall file a Notice of Appearance and Request for Notice under his/her own PACER login to ensure electronic noticing will occur.

(4) Associate Counsel Requirement for Attorneys Appearing Pro Hac Vice Any attorney who is admitted pro hac vice must have associate counsel who is an active member in good standing of the bar of the Bankruptcy Court for the Northern District of Iowa. The appearance, office address, e-mail address, and telephone number of associate counsel shall be entered. All notices and pleadings shall also be served upon associate counsel in accordance with the Federal Rules of Bankruptcy Procedure and these Local Rules. The attendance of associate counsel at any hearing or trial is required. The associate counsel requirement does not apply to parties who are appearing pro se or to attorneys of federal governmental units.

(5) An attorney granted Pro Hac Vice admission within a case may appear in any adversary proceeding in the case without further application.

(c) Change of Address or Telephone Number Attorneys, whether a member of this bankruptcy bar or admitted to appear pro hac vice in any pending case or proceeding, must keep their mailing address, e-mail address, telephone numbers, and other information current in the Judiciary's PACER system (https://pacer.uscourts.gov) by using the "Manage My Account" feature in the system and selecting the appropriate option within the "Maintenance" tab. Failure of an attorney to so maintain the attorney's account may lead to loss of login privileges without notice.

(d) Standards of Professional Responsibility and Conduct The rules of professional responsibility and conduct adopted by this Court are the Iowa Rules of Professional Conduct adopted by the Supreme Court of Iowa as amended from time to time, except as may otherwise be provided by this Court or the District Court.

The Court adopts as recommended guidelines for professional conduct the Standards for Professional Conduct approved by the Iowa State Bar Association.

(1) Disbarment or Suspension by Another Court Any attorney that has been admitted to practice in the United States District Court for the Northern or Southern Districts of Iowa that becomes disbarred or suspended from practicing law by any court will automatically be disbarred or suspended in this Court for the same length of time as the attorney's disbarment or suspension in the original court. Any such attorney should, immediately upon disbarment or suspension, notify the Clerk of the disbarment or suspension in writing. Failure to do so will subject the attorney to further sanctions by this Court.

(2) Request for Reinstatement Any attorney disbarred or suspended from practicing in this Court pursuant to Paragraph (1) of this Rule may file a motion with the Court requesting that the Court reinstate the attorney before the expiration of the disbarment or suspension in the original court. The Clerk will then open a miscellaneous proceeding assigned to the Chief Judge of this Court. The Court will set a hearing at which the attorney will be required to show cause as to why the attorney should not continue to be disbarred or suspended in this Court.

(3) Non-exclusivity Nothing in this Rule precludes the Court from initiating its own attorney disciplinary proceeding regardless of whether an attorney has been disciplined by another court.

(e) Law Student Practice A law student enrolled in a reputable law school fully approved by the American Bar Association may appear as counsel before the Court under the following conditions.

(1) Certification The dean of the law school must certify to this Court that the student has completed at least the equivalent of three (3) semesters of the work required by the school to qualify for the J.D.

(2) Supervision The student's appearance must be under the direct supervision of an attorney admitted to practice before this Court who is personally present and has appeared of record in the case.

(3) Compensation The student may not receive compensation for a court appearance; however, this prohibition shall not prevent a student from receiving general compensation from an employer‐attorney or from a school administered fund. Nothing in this rule shall prevent the Court from awarding reasonable attorney fees under an appropriate statute for time expended by a student as long as the student does not receive any of the fee.